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Will New York Pursue Tighter Privacy Regulations?

January 19, 2021 | by Investis Digital
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New York lawmakers proposed Assembly Bill 27 called the Biometric Privacy Act. This act aims to provide safeguards for consumers.

Following the EU’s lead on the General Data Privacy Regulation (GDPR), California Consumer Privacy Act (CCPA) is the US’s first definitive set of privacy law as it pertains to consumer protection for residents of California. In December of 2020, Attorney General Xavier Becerra released the fourth set of modifications of the CCPA. These modifications press on the importance of businesses to include a dedicated button to allow consumers to choose whether their information that is collected offline can be repurposed/sold. To support this modification the California AD proposed the “Do not sell my personal information” button.  

But California is not the only state who wants to protect the privacy rights of its residents. New York lawmakers proposed Assembly Bill 27 (AB27) on January 6th which is called the Biometric Privacy Act. This act aims to provide safeguards for consumers regarding their biometric identifiers, such as fingerprints, handprints, retina or iris scans, voiceprints, and other facial and hand recognition. It is also key to mention that this regulation is included under the CCPA.   

So, what will AB27 entail? 

  1. Organizations to obtain individuals' express written consent for the collection of their biometric data, prior to collecting or otherwise obtaining such data. 

  1. It would prohibit organizations from selling or otherwise profiting from the biometric data which they possess. 

  1. It would mandate organizations to provide technical and organizational safeguards around biometric data that are the same or more protective than the measures it maintains for other confidential and/or sensitive information. 

However, it is important to note that the concept of AB27 is not new, it would be the fourth biometric-specific legislation proposed in New York and would follow Illinois, Texas, and Washington who have their own laws to regulate the collection and use of this type of information. While efforts to pass similar laws in New York have been met with resistance, businesses should have their finger on the pulse, because should AB27 pass, the consequences for those who are unprepared could be impacted monetarily and reputationally.  

To ensure that your actions are compliant with GDPR, CCPA, and other developing privacy legislation, contact Investis Digital. We can help you to pivot where needed and to set yourself up for success.