Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.
STATE OF NEW YORK
________________________________________________________________________
2539--C
Cal. No. 412
2025-2026 Regular Sessions
IN SENATE
January 21, 2025
___________
Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
recommitted to the Committee on Consumer Protection in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to requiring
retailers to post warning signs of the tracking of customers through
electronic devices that track, monitor, and collect biometric informa-
tion on customers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 390-f to read as follows:
3 § 390-f. Posting of warning signs by retailers tracking customers
4 through electronic devices and collecting biometric information of
5 customers. 1. Any retailer that tracks a customer by use of the custom-
6 er's cell phone, a store-installed camera or any other electronic device
7 while the customer is in their establishment shall conspicuously post a
8 warning sign at each entrance indicating that such retailer performs
9 such tracking. Such warning sign shall be written in plain language and
10 also provide information for customers who wish to opt out of the track-
11 ing and collection of data, if applicable.
12 2. Any retailer that collects, retains, converts, stores or shares
13 biometric information of customers shall conspicuously post a warning
14 sign at each entrance indicating that such retailer collects biometric
15 information. Such warning sign shall be written in plain language and
16 describe the type of biometric information being collected and how such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03977-08-6
S. 2539--C 2
1 information is used by the retailer. Such warning sign shall also
2 provide information for customers who wish to opt out of the collection
3 of biometric information, if applicable.
4 3. The warning signs described by subdivisions one and two of this
5 section may be posted together as one warning sign at each entrance of
6 the establishment so long as the requirements set out in subdivisions
7 one and two of this section are met.
8 4. Any retailer that violates this section shall be subject to a civil
9 penalty of not more than one hundred dollars for the first violation,
10 not more than two hundred fifty dollars for the second violation, and
11 not more than five hundred dollars for each violation thereafter. The
12 provisions of subdivision one of this section may be enforced concur-
13 rently by the director of a municipal consumer affairs office, or by the
14 town attorney, city corporation counsel, or other lawful designee of a
15 municipality or local government, and all moneys collected thereunder
16 shall be retained by such municipality or local government.
17 5. The provisions of this section shall not apply to cameras and other
18 technology solely intended for video surveillance to ensure the security
19 of a store.
20 6. For purposes of this section, the following terms shall have the
21 following meanings:
22 (a) "Electronic device" shall mean any cell phone as defined by para-
23 graph (b) of this subdivision, personal digital assistant, handheld
24 device with mobile data access, laptop computer, pager, broadband
25 personal communication device, two-way messaging device, electronic
26 game, or portable computing device, or any other electronic device when
27 used to input, write, send, receive, or read text for present or future
28 communication.
29 (b) "Cell phone" shall mean the device used by subscribers and other
30 users of wireless telephone service to access such service.
31 (c) "Wireless telephone service" shall mean any two-way real time
32 voice telecommunications service that is interconnected to a public
33 switched telephone network and is provided by a commercial mobile radio
34 service.
35 (d) "Biometric information" means any measurable physical, physiolog-
36 ical or behavioral characteristic that is attributable to a person,
37 including, but not limited to facial characteristics, fingerprint char-
38 acteristics, hand characteristics, eye characteristics, vocal charac-
39 teristics, and any other characteristics that can be used to identify a
40 person including, but not limited to: fingerprints; handprints; retina
41 and iris patterns; DNA sequence; voice; gait; and facial geometry.
42 § 2. This act shall take effect on the ninetieth day after it shall
43 have become a law.
