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Erie County Legislators to debate bill to ban biometrics

Dupre says his disclosure to customers is not enough in protecting privacy

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FILE - In this Dec. 10, 2015, file photo, a pedestrian crossing from Mexico into the United States at the Otay Mesa Port of Entry has his facial features and eyes scanned at a biometric kiosk in San Diego. The Trump administration says it's planning to expand the collection of biometric information as part of immigration enforcement. (AP Photo/Denis Poroy, File)

Buffalo, NY (WBEN) The Erie County Legislature is set to debate a bill to ban businesses from using biometrics. It's a step further from a previously introduced a bill requiring disclosure from businesses.

In February, Legislator Lindsay Lorigo introduced a bill that would require any businesses that are collecting biometric data to first place a notification outside of their place of business, saying that they're collecting that data, and the data couldn't be sold or used for any other purpose. "Legislator (Lawrence) Dupre, who first introduced a law that mirrored exactly the one I just described, introduced a second law that went further, not to require the notification, but it goes as far as to ban biometric data altogether. So that's the law that will be coming up for a vote on Thursday," says Lorigo. She believes such Dupre's bill is unrealistic. "They use it at Sabres games. They use it at the Bills games. We know that big box stores are using it. I think if this type of security measure can be used, I think it's really hard for the government to come in and tell businesses all together that they cannot use it. I think telling them that they are required to notify consumers and patrons that they are collecting that data is one thing, banning it all together," explains Lorigo.


Lorigo believes County Executive Mark Poloncarz may have pushed Dupre to take the bill one step further. "I think that it's not a coincidence that the law Legislator Dupre clocked in after our discussions is exactly what Poloncarz asked for. So usually when these things come up, where there was already a public hearing on the law, so no changes can be made, whether or not Legislator Dupre has the votes to pass this law. I think is another thing. The temperature that I'm getting from the legislature is that there's definitely hesitancy about banning the data, banning the use of the data altogether," notes Lorigo.

Dupre says his bill is setting the standard for high biometric data is to be handled in commercial settings in Erie County, "When the bill we started with, I consider that the floor not the ceiling, so that's what we are starting with. And then as I talked to the community and to experts, we needed some changes to be made, so as we went through it was I got a lot of talk. I got a lot of comments from the community about it needs to be a little stronger. Transparency isn't enough. And as I talked to more experts, it felt as if that's what we needed to protect consumer privacy," says Dupre.

Dupre admits with technology moving fast, his bill will not be a be all, end all. "It's expected that things may have to change as we move forward. But right now, I just want to make it where if you walk into Erie County and there's a place that can scan your face with a profile on you, sell it to a data broker, and you would never know what happened. And I don't think that's what the community expects," he explains.

He says you can reset a password, but you cannot reset your face. "No one should be collecting something that permanent, and they should not be profiting for it," adds Dupre.

The legislature meets Thursday afternoon.

Dupre says his disclosure to customers is not enough in protecting privacy