New York
NYC Biometric Identifier Information Law (2021) and NY SHIELD Act (2020)
New York protects biometrics in two pieces. New York City’s biometric law makes businesses post conspicuous notice when they collect biometric identifiers from customers and flatly bans selling or profiting from them, with a private right of action for the sale ban. Statewide, the SHIELD Act counts biometric data as private information: companies holding it owe New Yorkers reasonable safeguards and breach notification. A full state biometric act keeps being introduced in Albany but has not passed.
Key Provisions
- NYC: conspicuous signage required wherever customer biometrics are collected
- NYC: selling, leasing, or profiting from biometric identifiers is prohibited
- NYC: private right of action for violations of the sale ban ($500–$5,000 per violation)
- SHIELD: biometric data is "private information" requiring reasonable security safeguards
- SHIELD: breach notification obligations for compromised biometric data
Penalties & Enforcement Record
NYC: $500 per notice violation and per negligent sale violation, $5,000 per intentional or reckless sale violation, via private suits. SHIELD: AG enforcement, up to $5,000 per violation, and up to $250,000 for failed breach notifications.
What this means for your face
New Yorkers’ strongest hooks are the NYC sale ban and SHIELD’s security duties. Our removal requests for New York residents cite both, and we watch the pending state biometric act, which would add BIPA-style consent statewide.
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