S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    488
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, KIM -- read once and referred to the
   Committee on Consumer Affairs and 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03433-01-1

 A. 488                              2
 
 OTHER ACTIVITY THAT IS INTENDED TO BE USED TO INFLUENCE BUSINESS VOLUME,
 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.