ERIE COUNTY, NY — Erie County Legislator Lindsay Lorigo is proposing a local law that would require businesses collecting biometric data from customers to clearly disclose that practice through posted signage, ensuring consumers are aware when this technology is in use.
The proposed Customer Biometric Privacy Act comes amid growing use of biometric technologies by commercial establishments, including tools such as facial recognition, voice recognition, and other unique identifiers intended to enhance safety and security.
“This proposal isn’t about stopping technology — it’s about transparency,” Legislator Lorigo said. “Every day we choose to opt in when we share personal information through our phones or apps. When biometric data is being collected in a store, customers should have that same awareness.”
Under the proposed law, any business collecting biometric information would be required to post clear and conspicuous signage at all public entrances, notifying customers that the technology is in use. The legislation would also prohibit businesses from selling, leasing, trading, or otherwise profiting from customers’ biometric data.
“If a business is collecting biometric data, customers deserve to know,” Lorigo said. “This proposal is about transparency and giving people basic awareness when their personal information is being captured.”
The proposal would also require reasonable security measures to protect biometric information from unauthorized access or disclosure. The law would not apply to biometric data collected for employment purposes or by financial institutions. Images or video could not be sold or shared with third parties, except for lawful purposes involving law enforcement.
The Erie County Division of Consumer Protection would be responsible for enforcement. Penalties would include a written warning for a first violation, fines of up to $1,000 for a second violation, and up to $5,000 for subsequent violations. The proposed local law would take effect 90 days after filing with the Office of the Secretary of State, if adopted.
