NYC Proposes Biometric and Facial Recognition Prohibitions

On April 27, 2023, the New York City Council formally introduced two bills regarding biometric data and facial recognition technologies, and specifically addressing use of these technologies by the private sector. According to media reports, the legislation is at least in part a response to recent high-profile uses of facial recognition at entertainment venues in the city. New York isn’t the first city to tackle this – Portland, Oregon already prohibits use of facial recognition by private sector actors in places of public accommodation, and some cities and states restrict the use of these technologies by government and law enforcement. New York City is the highest-profile city to consider a ban so far, though. While not yet final, this action is a useful reminder to national and international businesses that the privacy and data security landscape is changing not only at the federal and state level, but also locally.