The Real Estate Board of New York to The City Council Committee Technology Regarding Biometric Legislation

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The Real Estate Board of New York (REBNY) is the City’s leading real estate trade association. Founded in 1896, REBNY represents commercial, residential, and institutional property owners, builders, managers, investors, brokers, salespeople and other organizations and individuals active in New York City real estate. We appreciate the opportunity to provide comments regarding legislation that proposes to limit the collection and otherwise regulate biometric information.

Bill: Intro 213-2026

Sponsors: Shahana K. Hanif, Jennifer Gutiérrez, Pierina Ana Sanchez, Farah N. Louis, Christopher Marte, Justin E. Sanchez, Shaun Abreu, Crystal Hudson, Tiffany L. Cabán, Alexa Avilés, Sandy Nurse, Yusef Salaam

Subject: This legislation proposes limitations on the use of biometric identifier information and biometric recognition technology by places or providers of public accommodation such as retail stores. Biometric recognition technology covers any system that collects biometric identifier information.

The bill would modify existing law regarding biometrics by:

• Requiring that any “regulated place,” which is defined to include almost all commercial spaces, that collects biometric identifier information in any way on customers to get written consent from such customers in advance;

• Banning the use of biometric recognition technology used to verify or identify customers;

• Requiring a written policy, publicly available on demand, that includes a retention schedule and the destruction of such information after its useful life or within two years of a customer’s last interaction with such place;

• Requiring the development and implementation of reasonable safeguards to protect biometric data. These include conducting risk assessments for the various systems that handle such information, testing and monitoring safety systems, and protecting against unauthorized access to biometric data; and allowing customers to have a way to request that their biometric data is deleted from the places systems.

• There are limited exceptions for entities, such as certain financial institutions, to whom some provisions of the law would not apply. Where a customer requests services that require the collection or processing of biometric data, such request will be treated as consent under the law. Regulated places cannot deny services to a customer that have requested accommodations as outlined above.

REBNY appreciates the intent of this legislation, as concern about the collection and use of personal biometric data has the potential to infringe on privacy rights. However, prohibiting the use of biometric recognition technology to identify or verify customers seems to be a step too far.

From a customer service perspective, the ease and convenience of shopping can be amplified by the use of such technology, which can also protect against fraud if someone is using the customer’s phone or credit card without the customer’s consent. In addition, there are circumstances where such technology is necessary for effective security measures. Given that New York City is the home to global companies, marquee tourist sites, and world- renowned landmarks, biometric technology can assist in keeping locals and visitors alike safe from known threats. This technology could also prove useful in identifying individuals who are subject to protection orders or other such mechanisms aimed at protecting those who have been abused or otherwise are subject to potential violent interactions.

In addition, the consent requirements are likely unattainable for many establishments with large customer bases and high turnover. For example, it is impossible for retail outlets to get consent from shoppers before they enter stores. Instead, the disclosure, opt out provisions, and retention policies should be sufficient protection.

Last, the bill would actually ban the collection and use of data that is not biometric. Because the bill would ban the collection of information that, “in combination…with other information…” can be used to identify individuals, it would effectively ban the use of widely-utilized tools such as photos or unique identification numbers. Prohibiting the use of these beneficial tools provides no needed privacy protections.

Bill: Intro 428-2026

Sponsors: Council Members P. Sanchez, Cabán, Hanif, Louis, Abreu, Hudson and Salaam

Subject: This bill would ban owners of multiple dwellings from installing, activating, or using biometric recognition technology that identifies tenants and/or guests, including for smart access systems. The bill takes effect 120 days after enactment but would not impact existing contracts not in compliance with the law.

REBNY appreciates the intent of this legislation, and we understand that the collection of biometrics for certain purposes can raise important privacy and bias concerns. However, we do not endorse the wholesale ban of certain information collection, such as biometric systems that can identify tenants. These systems may well be important for providing effective and efficient security measures for tenants and guests. In a residential setting, this is particularly true of cases where there is a history of domestic violence, where protection orders have been issued, or there are other known threats.

Instead, we would encourage thoughtful regulation of how such data is collected, used, and shared with others, keeping in mind that these matters are already heavily regulated in New York City. In addition, as is the case with smart access systems, collecting biometric data should be subject to consent from tenants before being collected, but the tenant should make that decision.

Once again, we appreciate the opportunity to weigh in on these bills and look forward to working with the Council on this legislation moving forward.