S 1422 New York Senate · 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.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2026
Senate Passage
Jun 2026
Assembly Passage
Governor
Introduced Jan 9, 2025 Last action Jun 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S1422 S1422A · 4 edits
MODERATE
The bill was amended to modernize the definition of biometric identifiers to include new technologies like gait analysis and DNA, while explicitly excluding standard photographs and videos. The definition of 'written release' was updated to allow electronic consent outside of employment contexts and added stricter requirements for employers to justify collecting employee biometric data. These changes expand the law's coverage to emerging technologies and clarify consent rules for the digital age.
Scope change
The scope of protected data was expanded to include behavioral characteristics like gait and DNA, while the scope of excluded data was broadened to include photographs, videos, and specific medical imaging.
DEFINITION

The definition of 'biometric identifier' was updated to include data from gait, DNA, and other biological characteristics used for automated recognition, moving away from a limited list of specific scans.

Photographs and videos were added to the list of excluded items, though the law clarifies that biometric data generated from a person's biological characteristics within those images is still protected.

A new exclusion was added for information collected for human subject research that follows federal ethical guidelines.

REQUIREMENT

The definition of 'written release' was expanded to permit electronic consent for non-employment contexts and introduced new documentation requirements for employers to prove the necessity of collecting employee biometric data.

Floor votes · Senate Jun 3, 2026

How they voted

4120
Passed · 2 other
Total votes 63
Jun 3, 2026
D Democratic41
39 Yea 2
95% Yea
R Republican22
2 Yea 20 Nay
90% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
5
Amendments
2
Jun 3, 2026
Upper · Passed
PASSED SENATE
upper
Jun 3, 2026
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 12, 2026
Upper · Passed
PRINT NUMBER 1422A
upper
May 12, 2026
Upper · Passed
AMEND (T) AND RECOMMIT TO INTERNET AND TECHNOLOGY
upper
May 12, 2026
Committee
REPORTED AND COMMITTED TO INTERNET AND TECHNOLOGY
upper
Jan 7, 2026
Committee
REFERRED TO CONSUMER PROTECTION
upper
May 6, 2025
Committee
REPORTED AND COMMITTED TO INTERNET AND TECHNOLOGY
upper
Jan 9, 2025
Committee
REFERRED TO CONSUMER PROTECTION
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of John Liu
John Liu
DDemocratic
NY
16