New York 2025-2026 Regular Session

New York Senate Bill S02539

Introduced
1/21/25  
Refer
1/21/25  

Caption

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

Impact

The introduction of this bill marks a significant step toward enhancing consumer protections in the context of digital privacy in retail environments. It directly impacts state laws related to consumer rights by establishing requirements for customer notification regarding data collection practices in brick-and-mortar stores. Failure to comply with this law would result in civil penalties for retailers, which further ensures adherence to these consumer protection standards.

Summary

Bill S02539, introduced by Senator Myrie, seeks to amend the New York General Business Law by mandating that retailers disclose their practices surrounding customer tracking and data collection through electronic devices. Under this legislation, any retailer that tracks customers must place conspicuous signage at each entrance that informs customers about the tracking methods employed, such as cameras or cell phone tracking. The bill emphasizes transparency and gives customers the option to opt out of such tracking and data collection, thereby addressing privacy concerns related to biometric identifier information.

Contention

There are potential points of contention surrounding Bill S02539, particularly regarding the balance between business operations and consumer privacy rights. Retailers may argue that the costs associated with implementing these signage requirements and handling customer opt-out requests could pose an undue burden, particularly on smaller businesses. Additionally, discussions may arise about the effectiveness of such signs in actually informing and empowering consumers, as well as the adequacy of the penalties suggested to encourage compliance.

Companion Bills

NY A01558

Same As Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

Previously Filed As

NY A01558

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

NY S02404

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices; provides for civil penalties.

NY A01766

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices; provides for civil penalties.

NY HF4005

Biometric data; consent for collection required, sale prohibited, deletion required, and civil penalties imposed.

NY SSB3085

A bill for an act relating to private entity requirements concerning biometric data, and providing civil penalties.

NY S08004

Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for violations.

NY A09396

Prohibits the use of electronic shelving labels, digital shelf display technology in food retail establishments and drug retail establishments; provides injunctive relief and civil penalties.

NY HB8371

Reform Immigration Through Biometrics Act

NY S08616

Prohibits the use of electronic shelving labels, digital shelf display technology, and surveillance pricing in food retail establishments and drug retail establishments; provides injunctive relief and civil penalties.

NY S01422

Establishes the biometric identifier privacy act; requires private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entity, whichever occurs first.

Similar Bills

No similar bills found.