S T A T E O F N E W Y O R K
________________________________________________________________________
2500
2019-2020 Regular Sessions
I N S E N A T E
January 25, 2019
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the use of
biometric data for marketing purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-dddd to read as follows:
§ 399-DDDD. USE OF BIOMETRIC DATA FOR MARKETING PURPOSES. 1. AS USED
IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PRIVATE ENTITY" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION,
LIMITED LIABILITY COMPANY, ASSOCIATION, OR OTHER GROUP, HOWEVER ORGAN-
IZED. A PRIVATE ENTITY DOES NOT INCLUDE A STATE OR LOCAL GOVERNMENT
AGENCY;
(B) "BIOMETRIC IDENTIFIER" MEANS DATA GENERATED BY AUTOMATIC MEASURE-
MENTS OF AN INDIVIDUAL'S BIOLOGICAL CHARACTERISTICS, SUCH AS A FINGER-
PRINT, VOICEPRINT, EYE RETINAS, IRISES, OR OTHER UNIQUE BIOLOGICAL
PATTERN OR CHARACTERISTIC THAT IS USED TO IDENTIFY A SPECIFIC INDIVID-
UAL. BIOMETRIC IDENTIFIER DOES NOT INCLUDE A PHYSICAL OR DIGITAL PHOTO-
GRAPH, VIDEO OR AUDIO RECORDING OR DATA GENERATED THEREFROM, OR INFORMA-
TION COLLECTED, USED, OR STORED FOR HEALTH CARE TREATMENT, PAYMENT, OR
OPERATIONS UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNT-
ABILITY ACT OF 1996; AND
(C) "BIOMETRIC INFORMATION" MEANS ANY INFORMATION, REGARDLESS OF HOW
IT IS CAPTURED, CONVERTED, STORED, OR SHARED, BASED ON AN INDIVIDUAL'S
BIOMETRIC IDENTIFIER USED TO IDENTIFY AN INDIVIDUAL. BIOMETRIC INFORMA-
TION DOES NOT INCLUDE INFORMATION DERIVED FROM ITEMS OR PROCEDURES
EXCLUDED UNDER THE DEFINITION OF BIOMETRIC IDENTIFIERS.
2. NO PRIVATE ENTITY SHALL USE BIOMETRIC IDENTIFIERS OR BIOMETRIC
INFORMATION FOR ANY ADVERTISING, DETAILING, MARKETING, PROMOTION, OR ANY
OTHER ACTIVITY THAT IS INTENDED TO BE USED TO INFLUENCE BUSINESS VOLUME,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02676-01-9
S. 2500 2
SALES OR MARKET SHARE OR TO EVALUATE THE EFFECTIVENESS OF MARKETING
PRACTICES OR MARKETING PERSONNEL, REGARDLESS OF WHETHER THE BENEFICIARY
OF SUCH ACTIVITY IS A GOVERNMENTAL, FOR-PROFIT OR NOT-FOR-PROFIT ENTITY.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.