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CLIENT ALERT: NYC Requirements for Customer Collected Biometrics

DHC Client Alert NYC Requirements on Customer Collected Biometrics

NYC Creates Requirements for Commercial Establishments Concerning Biometric Information Collected from Customers

May 12, 2021 — Effective July 9, 2021, commercial establishments such as retailers, restaurants, and entertainment venues could face limitations regarding the collection, use and retention of customers’ biometric identifier information. To be in compliance, businesses must place clear and conspicuous signage near all customer entrances notifying customers that their biometric identifier is being used, or otherwise converted, stored or shared. NYC Department of Consumer and Worker Protection will provide guidance on signage format.

There are exemptions for information collected in images and videos if they’re not analyzed by software or applications that assist with identifying individuals; and if the information is not shared with, leased, or sold to third parties other than law enforcement. More information regarding this bill was covered by the National Law Review.

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