September 23, 2021

Volume XI, Number 266

Advertisement

September 23, 2021

Subscribe to Latest Legal News and Analysis

September 22, 2021

Subscribe to Latest Legal News and Analysis

September 21, 2021

Subscribe to Latest Legal News and Analysis

NYC Businesses: Do You Have Your “biometric Identifier Collection” Notice Up?

As previewed in Mintz’s earlier post, New York City’s Biometric Identifier Information Law the “NYC Law”) is now in force, effective Friday, July 9th.  The NYC Law requires that places of entertainment, retail stores and food and drink establishments that collect biometric identifying information, including from customers and employees, post a “clear and conspicuous” notice to that effect near customer entrances.  Further, the NYC Law prohibits the establishment from selling the information or exchanging it for value.  Financial institutions are exempt from the signage requirement but not the prohibition on sale.  Businesses that have CCTV’s are not required to post a notice, provided that: i) they do not analyze the footage to collect biometric identifying information, such as facial recognition; and ii) they do not share the footage except with law enforcement.  Notably, the NYC Law provides a private right of action, but the potential plaintiff must give the business 30 days’ written notice before commencing an action for violation of the signage requirement, during which time the business may cure.  There is no cure period for violations of the sale requirement.

The NYC Law also provides that the NYC Department of Consumer Affairs issue regulations regarding the signage, but as of Monday, July 12, the regulations have not yet been published.  Since the NYC Law is in effect, covered businesses that collect the broad scope of “biometric information” should post some notice today.

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 193
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Cynthia Larose, Privacy, Security, Attorney, Mintz Levin, Law Firm, electronic transactions lawyer
Member / Chair, Privacy & Cybersecurity Practice

Cynthia is a highly regarded authority in the privacy and security field and a Certified Information Privacy Professional (CIPP). She handles the full range of data security issues for companies of all sizes, from start-ups to major corporations. Cynthia is masterful at conducting privacy audits; crafting procedures to protect data; advising clients on state, federal, and international laws and regulations on information use and data security; helping organizations respond to breaches; and planning data transfers associated with corporate transactions. She is an in-...

617-348-1732
Michael Greis, Mintz Levin Law Firm, Intellectual Property Law Attorney, New York
Member

Michael is an intellectual property attorney whose practice encompasses trademark and copyright enforcement, technology and licensing transactions, patent and trademark portfolio management, and counseling clients on intellectual property issues that arise in business deals. He also has extensive experience in cybersecurity, privacy, and social media law. His clients range from start-ups to Fortune 500 companies in a broad range of industries, including technology, manufacturing, sports & entertainment, and digital & social media.

The...

212-692-6287
Advertisement
Advertisement
Advertisement