Damon Silver and Melissa Pascualini of JacksonLewis write:
Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. These businesses will also be barred from selling, leasing, trading, sharing or otherwise profiting from the biometric identifier information they collect from customers. Customers will have a private right of action to remedy violations, subject to a 30-day notice and cure period, with damages ranging from $500 to $5,000 per violation, along with attorneys’ fees.
These new requirements, which are set forth in an amendment to Title 22 of the NYC Admin. Code (the “Amendment”), apply to “commercial establishments,” a three-pronged category that includes:
- Food and drink establishments: Establishments that give or offer for sale to the public food or beverages for consumption or use on or off the premises, or on or off a pushcart, stand or vehicle.
- Places of entertainment: Privately or publicly owned and operated entertainment facilities, such as a theaters, stadiums, arenas, racetracks, museums, amusement parks, observatories, or other places where attractions, performances, concerts, exhibits, athletic games or contests are held.
- Retail stores: Establishments wherein consumer commodities are sold, displayed or offered for sale, or where services are provided to consumers at retail.