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NY Post
New York Post
13 Apr 2023


NextImg:NYC lawmakers introduce bill to ban businesses from using facial recognition tech

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

Both bills are scheduled to be introduced at the City Council meeting on April 27 following a Committee on Technology meeting two days earlier.

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The first bill, sponsored by council members Shahana K. Hanif and Jennifer Gutiérrez, would amend NYC code to make it illegal for private businesses — including arenas and stadiums — from using “biometric identifier information” to identify or verify a customer. 

Biometric identifier information includes personal data received from scans of the face, eye, voice, hand or fingerprints.

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

Any place or provider of public accommodation using the technology would have to develop a publicly available written policy that would include guidelines for destroying the information, the bill states.

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Madison Square Garden uses facial recognition software as part of its security.
Matthew McDermott

Intentional violations of the law would result in a $5,000 fine per violation, as well as any legal fees involved, according to the bill.

A second bill, sponsored by Carlina Rivera, targets using the technology in residential buildings. If passed, it would make it “unlawful for an owner of a multiple dwelling to install, activate or use any biometric recognition technology that identifies tenants or the guest of a tenant.”

Pierina Ana Sanchez and Tiffany Cabán are also sponsoring the bill.

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The bills come as Madison Square Garden owner James Dolan was found to be using facial recognition technology to keep lawyers in active litigation against him or his properties out of his venues — like a mother who was denied entrance into Radio City Music Hall to see the Rockettes with her daughter’s Girl Scout troop in December.

The Knicks and Rangers owner also reportedly extended the ban to fans who were critical of his ownership of the teams. 

Madison Square Garden security

Businesses would be forced to notify customers and have them provide written consent if they were using any “biometric identifier information” under the bill.
Matthew McDermott

In response, the New York State Liquor Authority last month began proceedings that could strip MSG, Radio City Music Hall and the Beacon Theater of their liquor licenses after slapping the James Dolan-owned properties with administrative charges.

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Dolan’s corporate entity, Madison Square Garden Entertainment Corp., filed a petition in Manhattan Supreme Court in response asking a judge to stop the SLA violations, calling the enforcement “an abuse of power.”

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

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

New York City council members will introduce a bill later this month that would ban facial recognition technology from private businesses.

New York City Council members will introduce a bill later this month that would ban facial recognition technology from private businesses.
dpa/picture alliance via Getty Images

New York City and Portland, Oregon, are currently the only two cities in the nation that have placed limits on the use of such technology in the private sector, according to Bloomberg.

Facial recognition has been banned by police and government agencies in some states and cities like Massachusetts and San Francisco, the outlet reported.