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New York Privacy Proposal Portends Potential Class Action Wave

Bloomberg Law

Lawmakers in New York have proposed privacy legislation covering data from facial scans to fingerprints that could usher in a new wave of potentially costly class action lawsuits over alleged violations.

The Democrat-led bill, introduced in the state’s assembly Wednesday, would set rules for collecting and using biometric data, including a requirement to get consent. The measure is similar to proposals the state’s lawmakers have floated in past legislative sessions, though this time it comes amid a growing focus on facial recognition uses.

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“That will increase legislators’ appetite to try their hand at putting in place regulations on biometrics,” said David Oberly, an associate at Blank Rome LLP focused on privacy and cybersecurity.

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“New York Privacy Proposal Portends Potential Class Action Wave,” by Andrea Vittorio was published in Bloomberg Law on January 7, 2021.