Policy Alert - 12.11.2020

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Hi All,Yesterday, this bill passed the NYC Council and will be signed by the Mayor. It includes a ban on selling biometric data that is gathered on-premises by a "commercial establishment" with customers. It also requires these commercial establishments post a sign disclosing collection of this data. The bill goes into effect in six months once signed and pasted below are key provisions and definitions. While changes to this bill are unlikely, please let me know if you have any questions or concerns.Also note that the New York City Council introduced two new bills this week that require studies of how autonomous vehicles will affect the taxi industry and the impact of increased e-commerce deliveries because of COVID on the city's streets. If you have questions or concerns about either bill, please let me know.Finally, this afternoon the Governor announced that indoor dining at restaurants would no longer be allowed in NYC starting Monday. This decision was made following data that indicated the city's hospitalization rate has not stabilized.On all of this, please let me know if you have any questions.Best,Ryan

“Commercial Establishment” Definition: It means a place of entertainment, a retail store, or a food and drink establishment.

“Biometric Identifier Information” Definition: 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: (i) a retina or iris scan, (ii) a fingerprint or voiceprint, (iii) a scan of hand or face geometry, or any other identifying characteristic.

Exact Language of the Ban on Selling Biometric Data: It shall be unlawful to sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of biometric identifier information.

If you have any questions, please do not hesitate to contact me directly at [email protected].