Erie County Executive Mark C. Poloncarz today was joined by Erie County Legislators Lawrence Dupre and Taisha St. Jean Tard, Erie County Division of Consumer Protection Director Jennifer Andres, and Erie County Attorney Jeremy Toth as he signed the Biometric Transparency and Privacy Act (BTPA) into law. The measure prohibits any public retailer or related entity from collecting and retaining biometric data and provide protection against the invasion of privacy on residents and visitors of Erie County. With today’s official signing, Erie has become the first county in New York to enact such a ban.
Previously approved by the Erie County Legislature, the Erie County Biometrics Transparency and Privacy Act makes it illegal for commercial establishments to collect, store, or sell customer biometric data, including facial recognition, fingerprints, voice recognition, and iris (eye) scans and gestures.
“This law creates a safer community for all by protecting a person's most basic and unique features: their face and biometric data,” said County Executive Poloncarz. “I again thank County Legislator Lawrence Dupre for sponsoring the bill and also thank the members of the Democratic Caucus who voted in favor of the legislation.”
The law includes all businesses and organizations that provide goods and services to the public and applies to both for-profit and nonprofit entities. Any establishment that already collects and stores any type of biometric data must disclose that to Erie County’s Division of Consumer Protection and explain how they plan to permanently erase/delete/destroy all biometric information, afterwards an affidavit must be issued within 30 days stating that all biometric data was permanently deleted or destroyed.
Commercial establishments found to be in violation of the law will be notified of violations and be given 30 days to take corrective action, with the failure to address any violation being subject to civil penalties of $1,000 per day if they continue the collection of any biometric data. In addition, any entity that fails to destroy biometric data they already possess may be subjected to fines of up to $5,000 per day.
"I want to thank County Executive Poloncarz for his support as I developed this legislation," said Erie County Legislator Lawrence Dupre. "This started with a simple question: does a store have the right to scan your face, keep it in a database and sell it for profit? The answer today in Erie County is that no one can take your biometrics without permission, and no one can sell them. Your body is not a data point for a corporation to collect and sell. A sign on the door was never enough protection. You can reset a password. You can cancel a credit card. You cannot reset your face. As of today, in Erie County, no corporation can own a piece of you. That is the law."
The Erie County Division of Consumer Protection will now oversee a dedicated webpage for businesses and consumers to access resources about the law. That information can be found online by visiting www.erie.gov/biometrics .
For more information:
About the Erie County Division of Consumer Protection, visit www.erie.gov/consumerprotection/
