NYC lawmakers have introduced legislation that would ban businesses from using facial recognition technology

Metro

as if Patrick Reilly And Bernadette Hogan

April 12, 2023 | 7:45 p.m

New York City Council members have introduced two bills that would bar businesses and apartment buildings from using facial recognition technology to identify customers or tenants without their consent.

Both bills are scheduled to come up at the Technology Committee meeting two days before the April 27 City Council meeting.

The first bill, sponsored by Councilmembers Shahna K. Hanif and Jennifer Gutierrez, would amend NYC code to make it illegal for private businesses — including arenas and stadiums — to use “biometric identification information” to identify or authenticate a customer.

Biometric identifier information includes personal information received from face, eye, voice, hand or fingerprint scans.

If businesses or locations choose to collect biometric information, they must notify customers and obtain written consent, according to the bill. They are also prohibited from sharing any information with third parties or storing it themselves.

Any venue or public accommodation provider using the technology must develop a publicly available written policy that includes instructions for deleting the data, the bill says.

Willful violations of the law result in a $5,000 fine under the law, as well as any legal fees.

A second bill sponsored by Carlina Rivera targets the use of the technology in residential buildings. If passed, it would “make it illegal to install, activate, or use any biometric identification technology that identifies a tenant or a tenant’s guest in a multifamily dwelling.

Pierina Ana Sanchez and Tiffany Caban also co-sponsor the bill.

The bills come as attorneys for Madison Square Garden owner James Dolan use facial recognition technology to prevent active litigation against him or his properties — like the mother who was barred from going to see the Rockettes at Radio City Music Hall with her daughter’s Girl Scout troop in December.

The owners of the Knicks and Rangers have reportedly extended the ban to fans who criticize the teams’ ownership.

In response, the New York State Liquor Authority launched the process last month after MSG, Radio City Music Hall and the Beacon Theater slapped liquor licenses on properties owned by James Dolan in an administrative lawsuit.

Dolan’s corporate entity, Madison Square Garden Entertainment Corp., filed a petition with a Manhattan Supreme Court judge to stop the SLA violations.

In a statement to The Post on Wednesday evening, MSG said it uses facial recognition technology in compliance with the law to keep the platform safe.

“Facial recognition technology is an important tool that is widely used across the country, including the sports and entertainment industry, retail locations, casinos and airports,” the spokesperson said. “We always make it clear to our guests and the public that we use facial recognition as a tool in compliance with all applicable laws to provide a safe and secure environment for our customers and ourselves.”

New York City and Portland, Oregon are currently the only cities to ban the use of such technology in the private sector.

In some states and cities, such as Massachusetts and San Francisco, facial recognition has been banned by police and government agencies, he reported.