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.
STATE OF NEW YORK
2023-2024 Regular Sessions
January 20, 2023
Introduced by Sen. LIU -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer 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
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
25 other activity that is intended to be used to influence business volume,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 2390 2
1 sales or market share or to evaluate the effectiveness of marketing
2 practices or marketing personnel, regardless of whether the beneficiary
3 of such activity is a governmental, for-profit or not-for-profit entity.
4 § 2. This act shall take effect on the thirtieth day after it shall
5 have become a law.