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The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021

By Sunita Bali, Debra R. Bernard, Samantha Ettari, Susan Fahringer, Nicola Menaldo & Ryan Spear on July 9, 2021
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Link to What Is the Ordinance? What Is the Ordinance?

New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates the use of “biometric identifier information” in “commercial establishments.” It is the first law of its kind in the State of New York.

  • “Biometric identifier information” is broadly defined to mean “a physiological or biological characteristic,” used “by or on behalf of” a “commercial establishment,” to “identify, or assist in identifying, an individual.” It includes, “without limitation,” retina or iris scans, fingerprints or voiceprints, hand or face geometry scans, and any other identifying characteristic.
  • “Commercial establishment” is broadly defined to include any place of entertainment, retail store, or food and drink establishment.
  • A place of entertainment is “any privately or publicly owned and operated entertainment facility” and includes theaters, stadiums, arenas, racetracks, museums, amusement parks, observatories, and other venues where performances, concerts, exhibits, games, or contests are held. This definition is broad, and may sweep in venues as large as Madison Square Garden, and as small as an arthouse theater.

Click here to read the full update.

Photo of Sunita Bali Sunita Bali

Sunita Bali is a partner with the firm’s Litigation practice and has substantial experience litigating cases in California state and federal courts.

Read more about Sunita BaliEmail
Photo of Debra R. Bernard Debra R. Bernard

Debra Bernard focuses on class action defense of claims under the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), and other consumer and privacy claims, as well as other areas of commercial litigation.

Read more about Debra R. BernardEmail
Photo of Samantha Ettari Samantha Ettari

Samantha Ettari is a member of the firm’s Privacy & Data Security practice. Sam counsels clients on a wide range of privacy, data security, and artificial intelligence matters, including online and mobile advertising, consumer rights, data management, and consumer protection.

Read more about Samantha EttariEmail
Photo of Susan Fahringer Susan Fahringer

Susan Fahringer has extensive experience representing some of the world’s leading innovators in privacy, IP, and complex commercial litigation.

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Photo of Nicola Menaldo Nicola Menaldo

Nicola Menaldo represents and counsels technology and retail clients on a wide range of issues central to their business needs.

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Photo of Ryan Spear Ryan Spear

Ryan Spear counsels some of the world’s most innovative companies on cutting-edge privacy and security issues.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Perkins on Privacy
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

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