Assembly Bill A1558C

2025-2026 Legislative Session

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2026	reported referred to codes
Apr 27, 2026	print number 1558c
Apr 27, 2026	amend and recommit to consumer affairs and protection
Feb 02, 2026	print number 1558b
Feb 02, 2026	amend (t) and recommit to consumer affairs and protection
Jan 08, 2026	print number 1558a
Jan 08, 2026	amend (t) and recommit to consumer affairs and protection
Jan 07, 2026	referred to consumer affairs and protection
Jan 10, 2025	referred to consumer affairs and protection

Bill Amendments

Original

C (Active)

2025-A1558 - Details

See Senate Version of this Bill:: S2539
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8234
2015-2016: A1583
2017-2018: A4719
2019-2020: A597, S3147
2021-2022: A589, S272
2023-2024: A1766, S2404

2025-A1558 - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-A1558 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1558
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   retailers  to  post warning signs of the tracking of customers through
   cell phones, cameras, or other electronic devices that use software to
   track, monitor, and collect information on customers
 
   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
 390-f to read as follows:
   §  390-F.  POSTING  OF  WARNING  SIGNS BY RETAILERS TRACKING CUSTOMERS
 THROUGH CELL PHONES, CAMERAS, OR OTHER ELECTRONIC DEVICES THAT USE SOFT-
 WARE TO TRACK, MONITOR, AND COLLECT INFORMATION  ON  CUSTOMERS.  1.  ANY
 RETAILER  THAT  TRACKS A CUSTOMER BY USE OF THE CUSTOMER'S CELL PHONE, A
 STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC DEVICE WHILE THE CUSTOMER
 IS IN THEIR ESTABLISHMENT SHALL CONSPICUOUSLY POST  A  WARNING  SIGN  AT
 EACH ENTRANCE INDICATING THAT SUCH RETAILER PERFORMS SUCH TRACKING. SUCH
 WARNING  SIGN  SHALL  ALSO PROVIDE INFORMATION FOR CUSTOMERS WHO WISH TO
 OPT OUT OF THE TRACKING AND COLLECTION OF DATA.
   2. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE SECOND VIOLATION, AND
 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION  THEREAFTER.  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION MAY BE ENFORCED CONCUR-
 RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
 TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
 MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONEYS COLLECTED THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   3.  THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  CAMERAS  AND
 OTHER  TECHNOLOGY  SOLELY  INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE
 SECURITY OF A STORE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03977-01-5

 A. 1558                             2
 
   4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "ELECTRONIC  DEVICE" SHALL MEAN ANY CELL PHONE AS DEFINED BY PARA-
 GRAPH  (B)  OF    THIS SUBDIVISION, PERSONAL DIGITAL ASSISTANT, HANDHELD
 DEVICE WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER,  BROADBAND
 PERSONAL  COMMUNICATION  DEVICE,  TWO-WAY MESSAGING   DEVICE, ELECTRONIC
 GAME, OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE  WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR  PRESENT OR FUTURE
 COMMUNICATION.
   (B) "CELL PHONE" SHALL MEAN THE DEVICE USED BY  SUBSCRIBERS  AND OTHER
 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
   (C)  "WIRELESS  TELEPHONE  SERVICE" SHALL MEAN TWO-WAY REAL TIME VOICE
 TELECOMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A  PUBLIC  SWITCHED
 TELEPHONE  NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE,
 AS SUCH TERM IS DEFINED BY 47 C.F.R. § 20.3.
   (D) "TRACKING" INCLUDES, BUT  IS  NOT  LIMITED  TO,  SITUATIONS  WHERE
 RETAILERS  TRACK  A  PERSON'S  MOVEMENT THROUGHOUT THE ESTABLISHMENT FOR
 PURPOSES OF STORING OR  SELLING  SUCH  INFORMATION  PERTAINING  TO  SUCH
 PERSON.  "TRACKING"  DOES NOT INCLUDE THE USE OF ELECTRONIC DEVICES THAT
 ARE NOT UNIQUE TO A PARTICULAR PERSON.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2025-A1558A - Details

See Senate Version of this Bill:: S2539
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8234
2015-2016: A1583
2017-2018: A4719
2019-2020: A597, S3147
2021-2022: A589, S272
2023-2024: A1766, S2404

2025-A1558A - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-A1558A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1558--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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  identi-
   fier information on customers
 
   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
 390-f to read as follows:
   § 390-F. POSTING OF WARNING  SIGNS  BY  RETAILERS  TRACKING  CUSTOMERS
 THROUGH  ELECTRONIC  DEVICES AND COLLECTING BIOMETRIC DATA OF CUSTOMERS.
 1. ANY RETAILER THAT TRACKS A CUSTOMER BY USE  OF  THE  CUSTOMER'S  CELL
 PHONE, A STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC DEVICE WHILE THE
 CUSTOMER  IS  IN  THEIR ESTABLISHMENT SHALL CONSPICUOUSLY POST A WARNING
 SIGN AT EACH ENTRANCE INDICATING THAT SUCH RETAILER PERFORMS SUCH TRACK-
 ING. SUCH WARNING SIGN SHALL ALSO PROVIDE INFORMATION FOR CUSTOMERS  WHO
 WISH TO OPT OUT OF THE TRACKING AND COLLECTION OF DATA, IF APPLICABLE.
   2. (A) ANY RETAILER THAT COLLECTS, RETAINS, CONVERTS, STORES OR SHARES
 BIOMETRIC IDENTIFIER INFORMATION OF CUSTOMERS SHALL CONSPICUOUSLY POST A
 WARNING  SIGN  AT  EACH  ENTRANCE INDICATING THAT SUCH RETAILER COLLECTS
 BIOMETRIC IDENTIFIER INFORMATION. SUCH WARNING SIGN SHALL BE WRITTEN  IN
 PLAIN LANGUAGE AND DESCRIBE THE TYPE OF BIOMETRIC IDENTIFIER INFORMATION
 BEING  COLLECTED  AND HOW SUCH INFORMATION IS USED BY THE RETAILER. SUCH
 WARNING SIGN SHALL ALSO PROVIDE INFORMATION FOR CUSTOMERS  WHO  WISH  TO
 OPT OUT OF THE COLLECTION OF BIOMETRIC IDENTIFIER INFORMATION, IF APPLI-
 CABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03977-03-6
 A. 1558--A                          2

   (B)  IT  SHALL BE UNLAWFUL FOR A RETAILER TO SELL, LEASE, TRADE, SHARE
 IN EXCHANGE FOR ANYTHING OF VALUE OR OTHERWISE PROFIT  FROM  THE  TRANS-
 ACTION OF BIOMETRIC IDENTIFIER INFORMATION.
   3. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY  OF  NOT  MORE THAN ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION,
 NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR THE  SECOND  VIOLATION,  AND
 NOT  MORE  THAN  FIVE HUNDRED DOLLARS FOR EACH VIOLATION THEREAFTER. THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION MAY  BE  ENFORCED  CONCUR-
 RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
 TOWN  ATTORNEY,  CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE OF A
 MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL  MONEYS  COLLECTED  THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CAMERAS AND OTHER
 TECHNOLOGY SOLELY INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE SECURITY
 OF A STORE.
   5.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "ELECTRONIC  DEVICE" SHALL MEAN ANY CELL PHONE AS DEFINED BY PARA-
 GRAPH (B) OF   THIS SUBDIVISION, PERSONAL  DIGITAL  ASSISTANT,  HANDHELD
 DEVICE  WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER, BROADBAND
 PERSONAL COMMUNICATION DEVICE, TWO-WAY  MESSAGING    DEVICE,  ELECTRONIC
 GAME,  OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR  PRESENT OR FUTURE
 COMMUNICATION.
   (B) "CELL PHONE" SHALL MEAN THE DEVICE USED BY  SUBSCRIBERS  AND OTHER
 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
   (C) "WIRELESS  TELEPHONE  SERVICE" SHALL MEAN TWO-WAY REAL TIME  VOICE
 TELECOMMUNICATIONS  SERVICE  THAT IS INTERCONNECTED TO A PUBLIC SWITCHED
 TELEPHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO  SERVICE,
 AS SUCH TERM IS DEFINED BY 47 C.F.R. § 20.3.
   (D)  "TRACKING"  INCLUDES,  BUT  IS  NOT  LIMITED TO, SITUATIONS WHERE
 RETAILERS TRACK A PERSON'S MOVEMENT  THROUGHOUT  THE  ESTABLISHMENT  FOR
 PURPOSES  OF  STORING  OR  SELLING  SUCH  INFORMATION PERTAINING TO SUCH
 PERSON. "TRACKING" DOES NOT INCLUDE THE USE OF ELECTRONIC  DEVICES  THAT
 ARE NOT UNIQUE TO A PARTICULAR PERSON.
   (E)  "BIOMETRIC  IDENTIFIER  INFORMATION"  MEANS  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 IDEN-
 TIFYING,  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 (IV) ANY OTHER IDENTIFYING CHARACTERISTIC.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2025-A1558B - Details

See Senate Version of this Bill:: S2539
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8234
2015-2016: A1583
2017-2018: A4719
2019-2020: A597, S3147
2021-2022: A589, S272
2023-2024: A1766, S2404

2025-A1558B - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-A1558B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1558--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, GLICK, BORES, SEAWRIGHT, GRIFFIN --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 390-f to read as follows:
   § 390-F. POSTING OF WARNING  SIGNS  BY  RETAILERS  TRACKING  CUSTOMERS
 THROUGH  ELECTRONIC  DEVICES  AND  COLLECTING  BIOMETRIC  INFORMATION OF
 CUSTOMERS. 1. ANY RETAILER THAT TRACKS A CUSTOMER BY USE OF THE  CUSTOM-
 ER'S CELL PHONE, A STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC DEVICE
 WHILE  THE CUSTOMER IS IN THEIR ESTABLISHMENT SHALL CONSPICUOUSLY POST A
 WARNING SIGN AT EACH ENTRANCE INDICATING  THAT  SUCH  RETAILER  PERFORMS
 SUCH  TRACKING. SUCH WARNING SIGN SHALL BE WRITTEN IN PLAIN LANGUAGE AND
 ALSO PROVIDE INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACK-
 ING AND COLLECTION OF DATA, IF APPLICABLE.
   2. (A) ANY RETAILER THAT COLLECTS, RETAINS, CONVERTS, STORES OR SHARES
 BIOMETRIC INFORMATION OF CUSTOMERS SHALL CONSPICUOUSLY  POST  A  WARNING
 SIGN  AT  EACH ENTRANCE INDICATING THAT SUCH RETAILER COLLECTS BIOMETRIC
 INFORMATION. SUCH WARNING SIGN SHALL BE WRITTEN IN  PLAIN  LANGUAGE  AND
 DESCRIBE  THE TYPE OF BIOMETRIC INFORMATION BEING COLLECTED AND HOW SUCH
 INFORMATION IS USED BY  THE  RETAILER.  SUCH  WARNING  SIGN  SHALL  ALSO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03977-05-6
 A. 1558--B                          2

 
 PROVIDE  INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE COLLECTION
 OF BIOMETRIC INFORMATION, IF APPLICABLE.
   (B)  IT  SHALL BE UNLAWFUL FOR A RETAILER TO SELL, LEASE, TRADE, SHARE
 IN EXCHANGE FOR ANYTHING OF VALUE OR OTHERWISE PROFIT  FROM  THE  TRANS-
 ACTION OF BIOMETRIC INFORMATION.
   3.  THE  WARNING  SIGNS  DESCRIBED BY SUBDIVISIONS ONE AND TWO OF THIS
 SECTION MAY BE POSTED TOGETHER AS ONE WARNING SIGN AT EACH  ENTRANCE  OF
 THE  ESTABLISHMENT  SO  LONG AS THE REQUIREMENTS SET OUT IN SUBDIVISIONS
 ONE AND TWO OF THIS SECTION ARE MET.
   4. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE SECOND VIOLATION, AND
 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION  THEREAFTER.  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION MAY BE ENFORCED CONCUR-
 RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
 TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
 MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONEYS COLLECTED THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CAMERAS AND OTHER
 TECHNOLOGY SOLELY INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE SECURITY
 OF A STORE.
   6. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "ELECTRONIC  DEVICE" SHALL MEAN ANY CELL PHONE AS DEFINED BY PARA-
 GRAPH  (B)  OF    THIS SUBDIVISION, PERSONAL DIGITAL ASSISTANT, HANDHELD
 DEVICE WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER,  BROADBAND
 PERSONAL  COMMUNICATION  DEVICE,  TWO-WAY MESSAGING   DEVICE, ELECTRONIC
 GAME, OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE  WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR  PRESENT OR FUTURE
 COMMUNICATION.
   (B) "CELL PHONE" SHALL MEAN THE DEVICE USED BY  SUBSCRIBERS  AND OTHER
 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
   (C)  "WIRELESS  TELEPHONE  SERVICE"  SHALL  MEAN ANY TWO-WAY REAL TIME
 VOICE TELECOMMUNICATIONS SERVICE THAT  IS  INTERCONNECTED  TO  A  PUBLIC
 SWITCHED  TELEPHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO
 SERVICE.
   (D) "BIOMETRIC INFORMATION" MEANS ANY MEASURABLE PHYSICAL,  PHYSIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTIC  THAT  IS ATTRIBUTABLE TO A PERSON,
 INCLUDING, BUT NOT LIMITED TO FACIAL  CHARACTERISTICS, FINGERPRINT CHAR-
 ACTERISTICS, HAND CHARACTERISTICS, EYE   CHARACTERISTICS, VOCAL  CHARAC-
 TERISTICS,  AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS;  HANDPRINTS;  RETINA
 AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2025-A1558C (ACTIVE) - Details

See Senate Version of this Bill:: S2539
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8234
2015-2016: A1583
2017-2018: A4719
2019-2020: A597, S3147
2021-2022: A589, S272
2023-2024: A1766, S2404

2025-A1558C (ACTIVE) - Summary

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

2025-A1558C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1558--C
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL, GLICK, BORES, SEAWRIGHT, GRIFFIN,
   SIMON -- read once and referred to the Committee on  Consumer  Affairs
   and   Protection   --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Consumer Affairs and Protection in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 390-f to read as follows:
   § 390-F. POSTING OF WARNING  SIGNS  BY  RETAILERS  TRACKING  CUSTOMERS
 THROUGH  ELECTRONIC  DEVICES  AND  COLLECTING  BIOMETRIC  INFORMATION OF
 CUSTOMERS. 1. ANY RETAILER THAT TRACKS A CUSTOMER BY USE OF THE  CUSTOM-
 ER'S CELL PHONE, A STORE-INSTALLED CAMERA OR ANY OTHER ELECTRONIC DEVICE
 WHILE  THE CUSTOMER IS IN THEIR ESTABLISHMENT SHALL CONSPICUOUSLY POST A
 WARNING SIGN AT EACH ENTRANCE INDICATING  THAT  SUCH  RETAILER  PERFORMS
 SUCH  TRACKING. SUCH WARNING SIGN SHALL BE WRITTEN IN PLAIN LANGUAGE AND
 ALSO PROVIDE INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACK-
 ING AND COLLECTION OF DATA, IF APPLICABLE.
   2. ANY RETAILER THAT COLLECTS, RETAINS,  CONVERTS,  STORES  OR  SHARES
 BIOMETRIC  INFORMATION  OF  CUSTOMERS SHALL CONSPICUOUSLY POST A WARNING
 SIGN AT EACH ENTRANCE INDICATING THAT SUCH RETAILER  COLLECTS  BIOMETRIC
 INFORMATION.  SUCH  WARNING  SIGN SHALL BE WRITTEN IN PLAIN LANGUAGE AND
 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.
                                                            LBD03977-07-6

 A. 1558--C                          2
 
 INFORMATION  IS  USED  BY  THE  RETAILER.  SUCH  WARNING SIGN SHALL ALSO
 PROVIDE INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE  COLLECTION
 OF BIOMETRIC INFORMATION, IF APPLICABLE.
   3.  THE  WARNING  SIGNS  DESCRIBED BY SUBDIVISIONS ONE AND TWO OF THIS
 SECTION MAY BE POSTED TOGETHER AS ONE WARNING SIGN AT EACH  ENTRANCE  OF
 THE  ESTABLISHMENT  SO  LONG AS THE REQUIREMENTS SET OUT IN SUBDIVISIONS
 ONE AND TWO OF THIS SECTION ARE MET.
   4. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE SECOND VIOLATION, AND
 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION  THEREAFTER.  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION MAY BE ENFORCED CONCUR-
 RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
 TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
 MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONEYS COLLECTED THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CAMERAS AND OTHER
 TECHNOLOGY SOLELY INTENDED FOR VIDEO SURVEILLANCE TO ENSURE THE SECURITY
 OF A STORE.
   6. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "ELECTRONIC  DEVICE" SHALL MEAN ANY CELL PHONE AS DEFINED BY PARA-
 GRAPH  (B)  OF    THIS SUBDIVISION, PERSONAL DIGITAL ASSISTANT, HANDHELD
 DEVICE WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER,  BROADBAND
 PERSONAL  COMMUNICATION  DEVICE,  TWO-WAY MESSAGING   DEVICE, ELECTRONIC
 GAME, OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE  WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR  PRESENT OR FUTURE
 COMMUNICATION.
   (B) "CELL PHONE" SHALL MEAN THE DEVICE USED BY  SUBSCRIBERS  AND OTHER
 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
   (C)  "WIRELESS  TELEPHONE  SERVICE"  SHALL  MEAN ANY TWO-WAY REAL TIME
 VOICE TELECOMMUNICATIONS SERVICE THAT  IS  INTERCONNECTED  TO  A  PUBLIC
 SWITCHED  TELEPHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO
 SERVICE.
   (D) "BIOMETRIC INFORMATION" MEANS ANY MEASURABLE PHYSICAL,  PHYSIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTIC  THAT  IS ATTRIBUTABLE TO A PERSON,
 INCLUDING, BUT NOT LIMITED TO FACIAL  CHARACTERISTICS, FINGERPRINT CHAR-
 ACTERISTICS, HAND CHARACTERISTICS, EYE   CHARACTERISTICS, VOCAL  CHARAC-
 TERISTICS,  AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS;  HANDPRINTS;  RETINA
 AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A1558C

Sponsored By

Current Bill Status - In Assembly Committee

Actions

Bill Amendments

2025-A1558 - Details

2025-A1558 - Summary

2025-A1558 - Bill Text download pdf

co-Sponsors

2025-A1558A - Details

2025-A1558A - Summary

2025-A1558A - Bill Text download pdf

co-Sponsors

2025-A1558B - Details

2025-A1558B - Summary

2025-A1558B - Bill Text download pdf

co-Sponsors

2025-A1558C (ACTIVE) - Details

2025-A1558C (ACTIVE) - Summary

2025-A1558C (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-A1558C

Assembly Bill A1558C

Share this bill

Sponsored By

ROSENTHAL

Current Bill Status - In Assembly Committee

Actions

Bill Amendments

2025-A1558 - Details

2025-A1558 - Summary

2025-A1558 - Bill Text download pdf

co-Sponsors

Deborah Glick

Alex Bores

Rebecca Seawright

Judy Griffin

2025-A1558A - Details

2025-A1558A - Summary

2025-A1558A - Bill Text download pdf

co-Sponsors

Deborah Glick

Alex Bores

Rebecca Seawright

Judy Griffin

2025-A1558B - Details

2025-A1558B - Summary

2025-A1558B - Bill Text download pdf

co-Sponsors

Deborah Glick

Alex Bores

Rebecca Seawright

Judy Griffin

2025-A1558C (ACTIVE) - Details

2025-A1558C (ACTIVE) - Summary

2025-A1558C (ACTIVE) - Bill Text download pdf

Comments