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
| Jurisdiction | New York City |
|---|---|
| Level | City / local |
| Citation | NYC Int 0213-2026 |
| Private right of action | Yes, individuals can sue |
| Penalties | As 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. |
| Topics | biometric data · facial recognition · consumer data privacy · consumer protection |
| Bill text | NYC Council Legistar — Int 0213-2026 |
More AI rules in New York City
- Office of Artificial Intelligence Oversight · Proposed / pending
- AI Gendered Impact Assessment + Interagency Taskforce · Proposed / pending
- Limit facial recognition in residential buildings (Ban The Scan) · Proposed / pending
- NYC resolution urging NY State to pass Advanced AI Licensing Act (A.3356) · Status unknown
- NYC LL 60 (delivery robots) · In effect
Related biometric data rules elsewhere
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Bristol VA PD facial recognition program (first VA local agency) · In effect
- Dallas PD Clearview AI facial recognition policy · In effect
- Texas v. Google · In effect
- Attorney General Ellison releases consumer alert on DHS' digital… · In effect
- FTC Commercial Surveillance ANPR · Proposed / pending
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