Regulations governing biometric data collection, use, and
processing have already been complex and strict with the
Illinois' Biometric Information Privacy Act ("BIPA")
as well as the biometrics laws in Washington and Texas. BIPA, which
has a private right of action, has generated a flood of class
action litigation. New York City has recently added to the mix by
passing two new biometrics laws, the Tenant Data Privacy Act
("TDPA") and an amendment to the New York City
Administrative Code ("NYC Administrative Code"), both of
which set forth requirements when it comes to processing of
biometric data that expand consumers' rights and impose
obligations on processing biometric data.
The TDPA, is narrower in scope than other biometric laws we are
already familiar with in that it is limited to regulating biometric
data collected and used for granting entry into certain dwellings
that use keyless entry systems. However, it includes in the scope
of regulated data not only
