A 6031 New York Assembly · 2025 Regular Session

Establishes the biometric identifier privacy act

Summary

Establishes the biometric identifier privacy act; requires private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entity, whichever occurs first.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 25, 2025 Last action May 11, 2026

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What changed between versions

A6031 → A6031A · 4 edits

MODERATE

The bill was amended to broaden the definition of biometric identifiers to include behavioral traits like gait and DNA, while explicitly excluding standard photographs and videos. It also updated the definition of 'written release' to clarify that general user agreements are insufficient for consent and added stricter requirements for employers to justify collecting employee biometric data. These changes aim to provide clearer protections against the misuse of advanced biometric technologies and ensure consent is truly informed.

Scope change

The scope of protected data was expanded to include behavioral biometrics (e.g., gait) and genetic data, while the scope of excluded data was clarified to include standard photographs and videos.

DEFINITION

The definition of 'biometric identifier' was expanded to include behavioral characteristics like gait and DNA, and the definition was updated to explicitly exclude standard photographs and videos.

REQUIREMENT

New exclusions were added to the definition of biometric identifiers to clarify that donated body parts, medical imaging for diagnosis, and data from human subject research are not covered.

The definition of 'written release' was modified to state that general user agreements or broad releases are invalid; specific, informed written consent is now required.

New requirements for employers were added, mandating a written determination that biometric collection is strictly necessary for essential job functions that cannot be done by other means.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 11, 2026

Lower · Passed

PRINT NUMBER 6031A

lower

May 11, 2026

Lower · Passed

AMEND (T) AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

lower

Jan 7, 2026

Committee

REFERRED TO CONSUMER AFFAIRS AND PROTECTION

lower

Feb 25, 2025

Committee

REFERRED TO CONSUMER AFFAIRS AND PROTECTION

lower

1 primary · 17 co-sponsors