Bill Text: NY A00488 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to prohibiting private entities from using biometric data for any advertising, detailing, marketing, promotion, or any other activity that is intended to be used to influence business volume, sales or market share or to evaluate the effectiveness of marketing practices or marketing personnel.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-01-06 - referred to consumer affairs and protection [A00488 Detail]

Download: New_York-2021-A00488-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           488

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by M. of A. BRAUNSTEIN, KIM -- read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general business law, in  relation  to  the  use  of
          biometric data for marketing purposes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-dddd to read as follows:
     3    § 399-dddd. Use of biometric data for marketing purposes. 1.  As  used
     4  in this section the following terms shall have the following meanings:
     5    (a)  "Private  entity" means any individual, partnership, corporation,
     6  limited liability company, association, or other group,  however  organ-
     7  ized.  A  private  entity  does  not include a state or local government
     8  agency;
     9    (b) "Biometric identifier" means data generated by automatic  measure-
    10  ments  of  an individual's biological characteristics, such as a finger-
    11  print, voiceprint, eye  retinas,  irises,  or  other  unique  biological
    12  pattern  or  characteristic that is used to identify a specific individ-
    13  ual.  Biometric identifier does not include a physical or digital photo-
    14  graph, video or audio recording or data generated therefrom, or informa-
    15  tion collected, used, or stored for health care treatment,  payment,  or
    16  operations  under  the federal health insurance portability and account-
    17  ability act of 1996; and
    18    (c) "Biometric information" means any information, regardless  of  how
    19  it  is  captured, converted, stored, or shared, based on an individual's
    20  biometric identifier used to identify an individual. Biometric  informa-
    21  tion  does  not  include  information  derived  from items or procedures
    22  excluded under the definition of biometric identifiers.
    23    2. No private entity shall  use  biometric  identifiers  or  biometric
    24  information for any advertising, detailing, marketing, promotion, or any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03433-01-1

        A. 488                              2

     1  other activity that is intended to be used to influence business volume,
     2  sales  or  market  share  or  to evaluate the effectiveness of marketing
     3  practices or marketing personnel, regardless of whether the  beneficiary
     4  of such activity is a governmental, for-profit or not-for-profit entity.
     5    §  2.  This  act shall take effect on the thirtieth day after it shall
     6  have become a law.
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