Ban biometric recognition in public accommodations (Ban The Scan)

NYC Int 0213-2026 — Ban on Biometric Recognition in Places of Public Accommodation
New York City · NYC Int 0213-2026

Status
Proposed / pending
Applies to
Owners and operators of NYC places of public accommodation that deploy biometric recognition.
Enforced by
NYC Department of Consumer and Worker Protection

Would make it illegal for places of public accommodation (stores, restaurants, music venues, theaters, etc.) to use biometric recognition systems to verify or identify customers without notice and prior written consent. Requires written policies governing use of collected biometric data and procedures for customers to request erasure of their biometric information.

Who is protected: Customers/patrons of NYC businesses and public accommodations.

Legal detail

Local Law to amend the administrative code of the city of New York in relation to prohibiting places or providers of public accommodation from using biometric recognition technology and protecting any biometric identifier information collected.

Key facts

JurisdictionNew York City
LevelCity / local
CitationNYC Int 0213-2026
Private right of actionYes, individuals can sue
PenaltiesAs reported in September 2026 coverage of the current draft: customers could sue for violations with damages of up to $5,000 for each intentional or reckless breach. Earlier Legistar-derived text said penalties were to be set by rule — reconcile against the enacted version if it passes.
Topicsbiometric data · facial recognition · consumer data privacy · consumer protection
Bill textNYC Council Legistar — Int 0213-2026

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