New York S 2539: Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices

Bill Text

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S02539 Summary:

BILL NOS02539C

&nbsp

SAME ASSAME AS A01558-C

&nbsp

SPONSORMYRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §390-f, Gen Bus L

&nbsp

Requires retailers to post warning signs of the tracking and collecting of customers biometric data through electronic devices; provides for civil penalties.

Go to top S02539 Actions:

BILL NOS02539C

&nbsp

01/21/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

01/20/2026AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION

01/20/2026PRINT NUMBER 2539A

02/25/20261ST REPORT CAL.412

02/26/20262ND REPORT CAL.

03/04/2026ADVANCED TO THIRD READING 

03/17/2026AMENDED (T) 2539B

05/04/2026AMENDED ON THIRD READING 2539C

05/12/2026PASSED SENATE

05/12/2026DELIVERED TO ASSEMBLY

05/12/2026referred to codes

06/01/2026substituted for a1558c

06/01/2026ordered to third reading rules cal.289

Go to topS02539 Committee&nbspVotes:

Go to topS02539 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02539 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2539--C
 Cal. No. 412

 2025-2026 Regular Sessions

 IN SENATE

 January 21, 2025
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection --
 recommitted to the Committee on Consumer Protection in accordance with
 Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee -- reported
 favorably from said committee, ordered to first and second report,
 ordered to a third reading, amended and ordered reprinted, retaining
 its place in the order of third reading -- again amended and ordered
 reprinted, retaining its place in the order of third reading

 AN ACT to amend the general business law, in relation to requiring
 retailers to post warning signs of the tracking of customers through
 electronic devices that track, monitor, and collect biometric informa-
 tion on customers

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 390-f to read as follows:
 3 § 390-f. Posting of warning signs by retailers tracking customers
 4 through electronic devices and collecting biometric information of
 5 customers. 1. Any retailer that tracks a customer by use of the custom-
 6 er's cell phone, a store-installed camera or any other electronic device
 7 while the customer is in their establishment shall conspicuously post a
 8 warning sign at each entrance indicating that such retailer performs
 9 such tracking. Such warning sign shall be written in plain language and
 10 also provide information for customers who wish to opt out of the track-
 11 ing and collection of data, if applicable.
 12 2. Any retailer that collects, retains, converts, stores or shares
 13 biometric information of customers shall conspicuously post a warning
 14 sign at each entrance indicating that such retailer collects biometric
 15 information. Such warning sign shall be written in plain language and
 16 describe the type of biometric information being collected and how such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03977-08-6

 S. 2539--C 2

 1 information is used by the retailer. Such warning sign shall also
 2 provide information for customers who wish to opt out of the collection
 3 of biometric information, if applicable.
 4 3. The warning signs described by subdivisions one and two of this
 5 section may be posted together as one warning sign at each entrance of
 6 the establishment so long as the requirements set out in subdivisions
 7 one and two of this section are met.
 8 4. Any retailer that violates this section shall be subject to a civil
 9 penalty of not more than one hundred dollars for the first violation,
 10 not more than two hundred fifty dollars for the second violation, and
 11 not more than five hundred dollars for each violation thereafter. The
 12 provisions of subdivision one of this section may be enforced concur-
 13 rently by the director of a municipal consumer affairs office, or by the
 14 town attorney, city corp