New York City Law Addresses Biometrics and Keyless-Entry Data Privacy
New York Enacts Tenant Data Privacy Law
The New York City Council has drafted a landmark resolution, the Tenant Data Privacy Act, that would require that multiple-household dwellings provide tenants with privacy policies and specific safeguards if the dwellings use biometric identifiers in combination with keyless entries.
Why New York’s Tenant Data Privacy Act is Significant for Privacy Advocates
The Tenant Data Privacy Act marks a significant milestone in the fight for data privacy in that the new city resolution would not only require landlords to provide tenants with notice and information about the specific data that may be collected about them via keyless entry, but the proposed law would also place restrictions and limit what type of data may ultimately be collected. Landlords would also be required to obtain consent from their tenants.
The Tenant Data Privacy Act specifically states that only the following information can be collected in connection to biometric data: name, dwelling number, contact preference, passcodes, and identifiers related only to hardware and lease information. Moreover, once the information is collected, landlords are prohibited from sharing the personal data with third parties. And after a given time, the law requires that the data, collected in connection with the biometric, ultimately be removed from landlord databanks, made unidentifiable, or obliterated.
The Tenant Data Privacy Law Requires Landlord Compliance Within June 2021
The New York City law would also allow tenants to sue, under the law, for any sale of personal data that was collected through the covered technology, (i.e., keyless entry systems), and landlords would have to meet the requirements of the law by June 21, 2021 to be deemed compliant. This new law extends the current trend of states passing more stringent privacy laws that address biometric data being collected.
Key Takeaways on NY’s Tenant Data Privacy Law
New York City is poised to pass a new biometric data privacy law that is unique in that it:
Would require that landlords provide tenants with notice if they collect data on them via biometric data and keyless entry;
Restricts the sharing, with third parties, of information collected in connection with biometric data via keyless entry; and
Provides a private cause of action for tenants that have their biometric data sold without consent.
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