The Biometric Identifier Information Act (Act) went into effect
in New York City as of July 9, 2021, pursuant to New York City
Administrative Code, §22-1201-1205. The new law sets forth
strict requirements for commercial establishments that collect, use
or retain biometric identifier information about their clients,
customers or patrons. A “commercial establishment”
means a place of entertainment, a retail store, or a food and drink
establishment.
Overview
Biometric identifier information as defined by the Act means a
physiological or biological characteristic that is used by or on
behalf of a commercial establishment, singly or in combination, to
identify or assist in identifying an individual, including but not
limited to a retina or iris scan, a fingerprint or voiceprint, a
scan of hand or face geometry, or any other identifying
characteristic.