BUFFALO, N.Y. (WIVB) — It’s been almost two weeks since Erie County Executive Mark Poloncarz signed the biometric transparency and privacy act into law, officially making Erie County the first county in New York State to have a law against private businesses collecting, storing, and selling biometrics.
According to Anna Mercado Clark, a partner at Phillips Lytle and the chief information security officer, other states have passed laws similar to this, but there’s still confusion on which businesses need to comply.
“The law really still only applies to certain types of businesses, and that includes commercial establishments, that includes any person, or any association or company that offers goods or services to the public,” Mercado Clark said.
However, it also includes exemptions depending on how the information is used.
The law has already sparked debate locally, with some funeral home operators expressing concern during public hearings.
Experts say whether a business is impacted depends on the type of data being collected and how it’s used.
“Fingerprints would qualify as biometric identifier information or biometric information under the law,” Mercado Clark said. “So, it’s entirely possible that funeral homes would be subject to the law.”
Another unique part of the law is what businesses may have to do if they already have biometric data.
“Businesses are expected to self-identify and self-disclose that they have biometric information, and in that disclosure, they are also supposed to lay out what their plan is for deleting the biometric information within 30 days,” Mercado Clark said.
If found violating the new legislation, businesses could face fines upwards of $5,000.
Erie County is expected to release additional guidance in the coming months.
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Trina Catterson joined the News 4 team in 2024. She previously worked at WETM-TV in Elmira, a sister station of WIVB. See more of her work here.
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