Bill > S08004

This bill establishes comprehensive restrictions on the use of biometric surveillance in places of public accommodation in New York State. Specifically, the bill defines biometric information as any measurable physical or behavioral characteristics that can identify an individual, such as facial features, fingerprints, voice, and DNA sequence. It prohibits businesses and public accommodation providers from using biometric surveillance systems or entering agreements that allow third parties to use such systems. Before collecting biometric information, entities must provide written notification to individuals about the purpose and duration of data collection, obtain a voluntary written consent that is not a condition of service, and protect the information using industry-standard security measures. The bill imposes significant penalties for violations, including a minimum fine of $1,000 or actual damages, mandatory attorney's fees for prevailing plaintiffs, and potential suppression of evidence obtained illegally. Importantly, the law allows biometric authentication for personal devices like phones or tablets and includes a severability clause to ensure that if one part of the law is found invalid, the rest remains in effect. The legislation aims to protect individual privacy and prevent unauthorized surveillance in public spaces.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S8004