The Biometric Privacy Act has been introduced by a bipartisan group of New York legislators, which would provide for the protection of consumers’ biometric information. Specifically, the bill would require entities that possess biometric information or identifiers to obtain specific consumer consent for collecting, capturing, purchasing, or trading such information, and would be privately actionable, as well. Entities that possess biometric information must develop written policies that are made available to the public, as well as inform consumers and receive written consent prior to the collection, capture, purchase or trade of the biometrics. The proposed bill provides for penalties of $1,000 or actual damages, whichever is greater, for negligent violations and $5,000 or actual damages, whichever is greater, for intentional or reckless violations.
