New York City’s new biometrics law, NYC Admin. Code §§ 22-1201–1205, went into effect in July 2021. The law creates a new private right of action for persons “aggrieved” by violations. Violations might arise from at least two different requirements. First, the law creates signage requirements for “commercial establishments,” which include places of entertainment, retail stores, and food and drink establishments. Second, the law creates a blanket ban on any person or entity selling or “otherwise profit[ing] from” the transaction of biometric identifier information used by a commercial establishment.

A similar Illinois statute (the Biometric Information Privacy Act) has led to significant consumer class action litigation because the Illinois Supreme Court has held that individuals need not suffer an actual, concrete injury to be “aggrieved” and thus have standing to sue. If courts adopt a similar interpretation of New York City’s new law, a similar result may follow in the five boroughs.

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