New York, NY Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Statute
- Admin Code §§ 22-1201–22-1205
- Enacted
- Local Law 3 of 2021
- Who is covered
- Retail, food/drink, entertainment venues
- Damages
- $500–$5,000 per violation
- Enforcement
- Private lawsuit; 30-day sign cure
Summary
New York City does not ban facial recognition. Under Administrative Code § 22-1202, commercial establishments that scan faces or collect other biometric identifiers must post a conspicuous sign at every customer entrance, and selling or profiting from that biometric data is flatly prohibited.
Any commercial establishment that collects, retains, converts, stores or shares biometric identifier information of customers must disclose such collection, retention, conversion, storage or sharing, as applicable, by placing a clear and conspicuous sign near all of the commercial establishment's customer entrances notifying customers in plain, simple language ... that customers' biometric identifier information is being collected .... (b) It shall be unlawful to sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of biometric identifier information.
Full Breakdown
Local Law 3 of 2021 (Admin Code §§ 22-1201 to 22-1205) governs biometric identifier information, retina or iris scans, fingerprints, voiceprints, and face or hand geometry scans, collected by commercial establishments, defined as places of entertainment, retail stores, and food-and-drink establishments. Any such business that runs facial recognition or other biometric identification on customers must post a clear, conspicuous sign in plain, simple language, in the form the Department of Consumer and Worker Protection prescribes by rule, near every customer entrance. Photos or video not run through identifying software and not shared are exempt. Section 22-1202(b) separately bans selling, leasing, trading, or otherwise profiting from biometric data outright.
Violations & Fines
Enforced through a private right of action: $500 per negligent or notice violation and $5,000 per intentional or reckless violation, plus attorneys' fees. For signage violations, the business gets 30 days to cure after written notice before suit proceeds.
Frequently Asked Questions
Does New York City ban facial recognition?
Which businesses must post a biometric sign?
What are the penalties?
Sources & Official References
Other rules in New York
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