Can you scan an ID in New York?

New York law regulates a business’s ability to scan IDs in the context of selling age-restricted goods; otherwise, there is no law generally governing a business’s ability to scan IDs.

Can you use facial recognition technology in New York?

New York has one of the broadest bans on facial recognition in the country. Businesses who use facial recognition for any purpose are required to post clear signage near customer entrances that informs customers that their biometric data may be used. Financial institutions are the only private entity that is exempt from this law. Government agencies and law enforcement are also exempt.

Overview of New York ID Scanning Laws

New York law expressly authorizes businesses selling alcohol, tobacco products, bidis, and gutka to scan consumers’ IDs to prevent unlawful sales to those not meeting the minimum age requirements.  In so scanning IDs, businesses may electronically or mechanically record and maintain only the following information:  (i) name, (ii) date of birth, (iii) ID number, and (iv) expiration date.  Any use of such information must be limited to preventing unlawful sales and establishing an affirmative defense against a charge of unlawful sale, and such information is not allowed to be resold or disseminated to third parties.

Penalty:  Each violation of this law is punishable by a civil penalty of no more than $1,000.

A business is likely permitted to use driver’s license numbers that were collected in the course of age-restricted product sales for internal verification or audits if these internal processes are aimed at preventing underage purchases of such products; using driver’s license numbers for refund tracking or other purposes is likely prohibited.

Outside the context of age-restricted product sales, in the absence of any statute expressly regulating a business’s ability to scan IDs and to retain information obtained from a scan in general, subject to applicable privacy laws, businesses are likely allowed to scan IDs and to retain information obtained from scans.

Does New York offer affirmative defense for ID scanning?

Yes. New York offers affirmative defense for ID scanning for alcohol sales and tobacco sales.

New York Alcoholic Beverage Control – Article 5 – § 65-B Offense for One Under Age of Twenty-one Years to Purchase or Attempt to Purchase an Alcoholic Beverage Through Fraudulent Means

1. As used in this section:(a) “A device capable of deciphering any electronically readable format” or “device” shall mean any commercial device or combination of devices used at a point of sale or entry that is capable of reading the information encoded on the magnetic strip or bar code of a driver’s license or non-driver identification card issued by the commissioner of motor vehicles;(b) “Card holder” means any person presenting a driver’s license or non-driver identification card to a licensee, or to the agent or employee of such licensee under this chapter; and(c) “Transaction scan” means the process involving a device capable of deciphering any electronically readable format by which a licensee, or agent or employee of a licensee under this chapter reviews a driver’s license or non-driver identification card presented as a precondition for the purchase of an alcoholic beverage as required by subdivision two of this section or as a precondition for admission to an establishment licensed for the on-premises sale of alcoholic beverages where admission is restricted to persons twenty-one years or older.

2.(a) No person under the age of twenty-one years shall present or offer to any licensee under this chapter, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent or not actually his own, for the purpose of purchasing or attempting to purchase any alcoholic beverage.(b) No licensee, or agent or employee of such licensee shall accept as written evidence of age by any such person for the purchase of any alcoholic beverage, any documentation other than:(i) a valid driver’s license or non-driver identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (ii) a valid passport issued by the United States government or any other country, or (iii) an identification card issued by the armed forces of the United States. Upon the presentation of such driver’s license or non-driver identification card issued by a governmental entity, such licensee or agent or employee thereof may perform a transaction scan as a precondition to the sale of any alcoholic beverage. Nothing in this section shall prohibit a licensee or agent or employee from performing such a transaction scan on any of the other documents listed in this subdivision if such documents include a bar code or magnetic strip that that may be scanned by a device capable of deciphering any electronically readable format.(c) In instances where the information deciphered by the transaction scan fails to match the information printed on the driver’s license or non-driver identification card presented by the card holder, or if the transaction scan indicates that the information is false or fraudulent, the attempted purchase of the alcoholic beverage shall be denied.

7.(a) In any proceeding pursuant to subdivision one of section sixty-five of this article, it shall be an affirmative defense that such person had produced a driver’s license or non-driver identification card apparently issued by a governmental entity, successfully completed the transaction scan, and that the alcoholic beverage had been sold, delivered or given to such person in reasonable reliance upon such identification and transaction scan. In evaluating the applicability of such affirmative defense, the liquor authority shall take into consideration any written policy adopted and implemented by the seller to carry out the provisions of this chapter. Use of a transaction scan shall not excuse any licensee under this chapter, or agent or employee of such licensee, from the exercise of reasonable diligence otherwise required by this section. Notwithstanding the above provisions, any such affirmative defense shall not be applicable in any other civil or criminal proceeding, or in any other forum.(b) A licensee or agent or employee of a licensee may electronically or mechanically record and maintain only the information from a transaction scan necessary to effectuate the purposes of this section. Such information shall be limited to the following:(i) name, (ii) date of birth, (iii) driver’s license or non-driver identification number, and (iv) expiration date. The liquor authority and the state commissioner of motor vehicles shall jointly promulgate any regulation necessary to govern the recording and maintenance of these records by a licensee under this chapter. The liquor authority and the commissioner of health shall jointly promulgate any regulations necessary to ensure quality control in the use of transaction scan devices.8. A licensee or agent or employee of such licensee shall only use the information recorded and maintained through the use of such devices for the purposes contained in paragraph (a) of subdivision seven of this section, and shall only use such devices for the purposes contained in subdivision two of this section. No licensee or agent or employee of a licensee shall resell or disseminate the information recorded during such scan to any third person. Such prohibited resale or dissemination includes, but is not limited to, any advertising, marketing or promotional activities. Notwithstanding the restrictions imposed by this subdivision, such records may be released pursuant to a court ordered subpoena or pursuant to any other statute that specifically authorizes the release of such information. Each violation of this subdivision shall be punishable by a civil penalty of not more than one thousand dollars.

N.Y. Alco. Bev. Cont. Law § 65-BAmended by New York Laws 2013, ch. 257,Sec. 1, eff. 11/1/2013.

1. As used in this section:(a) “A device capable of deciphering any electronically readable format” or “device” shall mean any commercial device or combination of devices used at a point of sale or entry that is capable of reading the information encoded on the bar code or magnetic strip of a driver’s license or non-driver identification card issued by the state commissioner of motor vehicles;(b) “Card holder” means any person presenting a driver’s license or non-driver identification card to a licensee, or to the agent or employee of such licensee under this chapter;(c) “Smoking paraphernalia” means any pipe, water pipe, hookah, rolling papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco;(d) “Transaction scan” means the process involving an automated bar code reader by which a licensee, or agent or employee of a licensee under this chapter reviews a driver’s license or non-driver identification card presented as a precondition for the purchase of a tobacco product or herbal cigarettes pursuant to subdivision three of this section; and(e) “Liquid nicotine”, “electronic liquid” or “e-liquid” means a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette.

2. Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are sold or offered for sale is prohibited from selling such products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or smoking paraphernalia to individuals under twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, “SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.” Such sign shall be printed on a white card in red letters at least one-half inch in height.

3. Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes in such places, other than by a vending machine, shall be made only to an individual who demonstrates, through (a) a valid driver’s license or non-driver’s identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes to an individual under twenty-one years of age.

4.(a) Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are sold or offered for sale may perform a transaction scan as a precondition for such purchases.(b) In any instance where the information deciphered by the transaction scan fails to match the information printed on the driver’s license or non-driver identification card, or if the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied.(c) In any proceeding pursuant to section thirteen hundred ninetynine-ee of this article, it shall be an affirmative defense that such person had produced a driver’s license or non-driver identification card apparently issued by a governmental entity, successfully completed that transaction scan, and that the tobacco product , herbal cigarettes or liquid nicotine had been sold, delivered or given to such person in reasonable reliance upon such identification and transaction scan. In evaluating the applicability of such affirmative defense the commissioner shall take into consideration any written policy adopted and implemented by the seller to effectuate the provisions of this chapter. Use of a transaction scan shall not excuse any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are sold, or the agent or employee of such person, from the exercise of reasonable diligence otherwise required by this chapter. Notwithstanding the above provisions, any such affirmative defense shall not be applicable in any civil or criminal proceeding, or in any other forum.

5. A licensee or agent or employee of such licensee shall only use a device capable of deciphering any electronically readable format, and shall only use the information recorded and maintained through the use of such devices, for the purposes contained in subdivision four of this section. No licensee or agent or employee of a licensee shall resell or disseminate the information recorded during such a scan to any third person. Such prohibited resale or dissemination includes but is not limited to any advertising, marketing or promotional activities.

Notwithstanding the restrictions imposed by this subdivision, such records may be released pursuant to a court ordered subpoena or pursuant to any other statute that specifically authorizes the release of such information. Each violation of this subdivision shall be punishable by a civil penalty of not more than one thousand dollars.

6. A licensee or agent or employee of such a licensee may electronically or mechanically record and maintain only the information from a transaction scan necessary to effectuate this section. Such information shall be limited to the following:(a) name,(b) date of birth,(c) driver’s license or non-driver identification number, and(d) expiration date. The commissioner and state commissioner of motor vehicles shall jointly promulgate any regulations necessary to govern the recording and maintenance of these records by a licensee under this chapter. The commissioner and the state liquor authority shall jointly promulgate any regulation necessary to ensure quality control in the use of the transaction scan devices under this chapter and article five of the alcoholic beverage control law.

7. No person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes in any manner, unless such products and cigarettes are stored for sale (a) behind a counter in an area accessible only to the personnel of such business, or (b) in a locked container; provided, however, such restriction shall not apply to tobacco businesses, as defined in subdivision eight of section thirteen hundred ninety-nine- aa of this article, and to places to which admission is restricted to persons twenty-one years of age or older.

N.Y. Pub. Health Law § 1399-CC

New York Assembly Bill 03404. Relating to ID scanning for tobacco sales

Referred to Assembly Health Committee, 01/03/2024

Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes in such places, including by a vending machine, shall be made only to an individual who demonstrates, through (a) a valid driver’s license or non-driver’s identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes to an individual under twenty-one years 21 of age.

Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are sold or offered for sale shall perform a transaction scan as a precondition for such purchases.

New York Assembly Bill S08401. Relating to the prohibition of Kratom sales to anyone under 21

Referred to Senate Health Committee, 01/26/2024

Would prohibit individuals who are under the age of twenty-one to purchase or possess any products containing Kratom.

New York Assembly Bill S 3164. Relating to the prohibition of driver’s license scanning except for age verification

Referred to Senate Consumer Protection Committee, 01/30/2024

Would prohibit the scanning of driver’s license or identification card except for under certain purposes, one of which would be to verify the individual’s age when providing age-restricted goods or services to the individual.

Unlawful use of a New York state driver’s license or identification card. 1. No person, business, firm, partnership, association, or corporation, not including the state or its political subdivisions, may scan the machine-readable zone of an individual’s New York state driver’s license or identification card as defined in section four hundred ninety of the vehicle and traffic law, except for the following purposes: (a.) to verify authenticity of the driver’s license or identification card or to verify the identity of the individual if the individual pays for goods or services with a method other than cash, returns an item, or requests a refund or exchange; (b.) to verify the individual’s age when providing age-restricted goods or services to the individual; (c.) to prevent fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the business uses a fraud prevention service company or system. Information collected by scanning an individual’s driver’s license or identification card pursuant to this subdivision shall be limited to the following information from the individual: name; address; date of birth; and driver’s license number or identification card number; (d.) to record, retain, or transmit information as required by state or federal law; (e.) to transmit information to a consumer reporting agency, financial institution, or debt collector to be used as permitted by the federal Fair Credit Reporting Act, Gramm-Leach-Bliley Act, or the Fair Debt Collection Practices Act; or (f.) to record, retain, or transmit information by a covered entity governed by the medical privacy and security rules issued by the federal Department of Health and Human Services, Parts 160 and 164 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Availability Act of 1996.
2. No person, business, firm, partnership, association, or corporation, not including the state or its political subdivisions, shall retain any information obtained from scanning an individual’s New York state driver’s license or identification card, except as permitted in subdivision one of this section.

New York State Assembly Bill A05610. Relating to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements

Delivered to governor for signature 10/13/2023; Signed Chap. 558 10/25/2023

The bill would make it unlawful to sell or offer to sell or give away, as either a retail or wholesale promotion, an over-the-counter diet pill or dietary supplement for weight loss or muscle building within this state to any person under eighteen years of age. Retail establishments shall require proof of legal age for purchase of such products. Proof of legal age shall mean (a) a valid driver’s license or non-driver’s identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States, a provincial government of the dominion of Canada, or the city of New York, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least eighteen years of age, or (d) a student identification card, provided such card indicates the date of birth of the individual. 

Any person operating a retail establishment may perform a transaction scan as a precondition for the purchase of over-the-counter diet pills or dietary supplements for weight loss or muscle building. If the information deciphered by the transaction scan fails to match the information printed on the driver’s license or non-driver identification card, or if the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied.

New York Assembly Bill A02045. Regarding New York city identity cards to be accepted as valid written evidence of age or identification.

Referred to Assembly Cities Committee, 01/23/2024

This bill would require New York City identity cards to be accepted as valid written evidence of age or identification. Notwithstanding any provision of law to the contrary, a valid New York city identity card shall be accepted as valid written evidence of age or identification where an individual is required to furnish written evidence of age or identification.

New York Assembly Bill 6095. Charitable Gaming Act of 2017

Notwithstanding any provision of law to the contrary, games known as “raffles”, at the discretion of the games of chance licensee, may be purchased via the internet or mobile application with a debit or credit card, upon the account holder’s direct consent, provided, however, that the gaming commission shall promulgate any necessary rules and regulations to ensure, to a reasonable degree of certainty that:

• the purchase of the raffle ticket is initiated and received or otherwise made in accordance with subdivision thirteen of this section;
• purchasers are not less than eighteen years of age; and
• the privacy and online security of participants is protected.

New York Assembly Bill A 2026. Relating to the sale of video games with mature ratings to minors

Referred to Assembly Consumer Affairs and Protection, 01/23/2024

Would prohibit the sale to minors of any video game that has a mature or violent rating. Sale or rental of any video game that contains any contents listed 18 in subdivision one of this section, shall be made only to an individual who demonstrates, through (a) a valid driver’s license or non-driver’s identification and issued by the commissioner of motor vehicles, the federal government, and US territory, commonwealth or possession, the District of Columbia, a state government within the US or provincial government of the dominion of Canada; or (b) a valid passport issued by the US government or any other country; or (c) an identification card issued by the US, indicating that the individual is at leas 18 years of age. Such identification need not be required of any individual who reasonably appears to be at least 30 years of age, provided, however, that such appearance shall not constitute a defense in any proceeding involving sale or rental of any video game to an individual under 18 years of age.

In any proceeding pursuant to this section, it shall be an affirmative defense that a person purchasing or renting or attempting to purchase or rent any video game described in subdivision one of this section produced a driver’s license or non-driver identification card apparently issued by a government entity or other identification pursuant to subdivision three of this section, successfully completed the transaction, and that the video game sold or rented to such person was reasonable reliance upon such identification and transaction. In evaluating the applicability of such affirmative defense, consideration shall be given to any written policy adopted and implemented by the seller to effectuate the provisions of this section. Use of any method of an electronic transaction scan shall no excuse any person operating a place of business wherein video games are sold or rented, or the agent or employee of such person from the exercise of due diligence. Notwithstanding the provisions of this subdivision, any such affirmative defense shall not be applicable in any civil or criminal proceeding, or in any other forum.

New York Consolidated Laws. Statement required from scrap metal sales

On purchasing any pig or pigs of metal, bronze or brass castings or parts thereof, sprues or gates or parts thereof, copper wire or brass car journals, or metal beer kegs, such junk dealer shall cause to be subscribed by the person from whom purchased a statement as to when, where and from whom he or she obtained such property, also his or her identity as verified by a government issued identification card, age, residence by city, village or town, and the street and number thereof, if any, the driver’s license number or information from a government issued identification card, if any, of such person, and otherwise such description as will reasonably locate the same, his or her occupation and name of his or her employer and place of employment or business, which statement the junk dealer shall forthwith file in the office of the chief of police of the city or village in which the purchase was made, if made in a city or incorporated village, and otherwise in the office of the sheriff of the county in which made.  The junk metal dealer shall also make and retain a copy of the government issued photographic identification card used to verify the identity of the person from whom the junk metal was purchased and shall retain this copy in a separate book or register for two years from the date of purchase of the junk metal and include an additional copy of this identification with the information required to be transmitted to the chief of police or sheriff pursuant to this section.

New York Assembly Bill S00365. Regarding Consumer Privacy and Protection

Died in Assembly, returned to Senate, referred to Consumer Protection Committee, 01/03/2024

This would enact the New York Privacy Act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared. Personal information is any information in which personal data is generated from a person’s natural, biological, physical, or physiological characteristics that allow for unique identification. The de-identified data is data that cannot be reasonably be linked to a particular consumer, household, or device.

New York Assembly Bill A03593. Regarding Consumer Privacy Protection

Referred to Assembly Consumer Affairs and Protection Committee, 01/03/2024

See also: New York Assembly Bill 7423

Referred to Assembly Codes Committee, 01/03/2024

Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.

New York Assembly Bill A01362. Regarding Biometric Privacy and Retention

This would enact the Biometric Privacy Act which would require private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied. This excludes information collected for medical purposes in a health care setting. Said information is instead protected by HIPAA.

A private entity in possession of biometric identifiers or information must develop a written policy, made available to the public, establishing a retention schedule and guidelines permanently destroying biometric identifiers and information when the initial purpose for collection such information has been satisfied or within three years or the last interaction, whichever comes first.

New York Assembly Bill 02621. Relating to the use of biometric identity verification devices to purchase alcohol or tobacco.

Referred to  Assembly Economic Development Committee,  01/03/2024

Same as: Assembly Bill 06656

Referred to Senate Investigations and Government Operations Committee, 01/03/2024

Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products; authorizes a licensee, its agent or employee to determine a person’s age when purchasing alcoholic beverages or tobacco products by use of a biometric identity verification device; establishes where the use of the device indicates that the person is under the age of twenty-one, the attempted purchase of the alcoholic beverage shall be denied.

New York Biometrics Privacy. § 22-1201

As used in this chapter, the following terms have the following meanings:
Biometric identifier information. The term “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 identifying, an individual, including, but not limited to:

• a retina or iris scan
• a fingerprint or voiceprint
• a scan of hand or face geometry
• or any other identifying characteristic

Commercial establishment. The term “commercial establishment” means a place of entertainment, a retail store, or a food and drink establishment.
Consumer commodity. The term “consumer commodity” means any article, good, merchandise, product or commodity of any kind or class produced, distributed or offered for retail sale for consumption by individuals, or for personal, household or family purposes.
Customer. The term “customer” means a purchaser or lessee, or a prospective purchaser or lessee, of goods or services from a commercial establishment.
Financial institution. The term “financial institution” means a bank, trust company, national bank, savings bank, federal mutual savings bank, savings and loan association, federal savings and loan association, federal mutual savings and loan association, credit union, federal credit union, branch of a foreign banking corporation, public pension fund, retirement system, securities broker, securities dealer or securities firm, but does not include a
commercial establishment whose primary business is the retail sale of goods and services to customers and provides limited financial services such as the issuance of credit cards or in-store financing to customers.
Food and drink establishment. The term “food and drink establishment” means an establishment that gives or offers for sale food or beverages to the public for consumption or use on or off the premises, or on or off a pushcart, stand or vehicle.
Place of entertainment. The term “place of entertainment” means any privately or publicly owned and operated entertainment facility, such as a theater, stadium, arena, racetrack, museum, amusement park, observatory, or other place where attractions, performances, concerts, exhibits, athletic games or contests are held.
Retail store. The term “retail store” means an establishment wherein consumer commodities are sold, displayed or offered for sale, or where services
are provided to consumers at retail.

§ 22-1202 Collection, use, and retention of biometric identifier information.
a. Any commercial establishment that collects, retains, converts, stores or shares biometric identifier information of customers must disclose such
collection, retention, conversion, storage or sharing, as applicable, by placing a clear and conspicuous sign near all of the commercial establishment’s
customer entrances notifying customers in plain, simple language, in a form and manner prescribed by the commissioner of consumer and worker
protection by rule, that customers’ biometric identifier information is being collected, retained, converted, stored or shared, as applicable.
b. 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.

§ 22-1204 Applicability.
a. Nothing in this chapter shall apply to the collection, storage, sharing or use of biometric identifier information by government agencies, employees or agents.

The disclosure required by subdivision a of section 22-1202 shall not apply to:

• Financial institutions.
• Biometric identifier information collected through photographs or video recordings, if: (i) the images or videos collected are not analyzed by software or applications that identify, or that assist with the identification of, individuals based on physiological or biological characteristics, and (ii) the images or video are not shared with, sold or leased to third-parties other than law enforcement agencies.

New York Assembly Bill S02277. Regarding the Digital Fairness Act

Referred to Senate Internet and Technology Committee, 01/03/2024

Also see New York Assembly Bill 3308. Regarding the Digital Fairness Act

Referred to  Assembly Consumer Affairs and Protection Committee, 01/03/2024

This would enact the “Digital Fairness Act” and require any entity that conducts business in New York and maintains the personal information of five hundred or more individuals to provide meaningful notice about the use of personal information.

New York Assembly Bill S02204. Relating to recordkeeping requirements for second-hand dealers and pawnbrokers

Referred to Senate Consumer Protection Committee, 01/19/2024

Would require second-hand dealers and pawnbrokers to scan a copy of identification prior allowing a person to purchase property.

Such electronic record may, in the discretion of the secretary of state and in furtherance of the purposes of this article and any other applicable law or rules regulating the activities of dealers in second-hand articles, include but shall not be limited to the following information, provided in a format or in accordance with specifications as provided by rule or regulation of the secretary of state: a. The date, time, location and type of transaction; b. The name of the individual conducting the transaction for the dealer; c. Identifying information regarding the person who is present to offer property purchased by the dealer, including name, address, phone number, type of identification utilized, identification number, expiration date of identification, date of birth, sex, height, weight, eye color, hair color, race or ethnicity, distinguishing marks, digital photograph of owner, and digital photograph or scanned copy of identification utilized;