Erie County's biometrics ban may end up in court

BUFFALO, N.Y. (WBEN).....For now the just-approved ban that prohibits commercial entities - such as retailers and entertainment venues - from collecting biometric-created data in Erie County is on the books and likely to take effect later this year.

For now.

But, questions remain whether the ban will withstand any legal challenge.

"They (the legislature) may have thrown the baby out with the bathwater," said Jeff Rinaldo, a local security expert.

The ban, championed by Legislator Lawrence Dupre, is rooted in customer's rights and their rights to keep their shopping or business habits personal.

With the AI evolution, companies have been collecting biometric-created data - like facial recognition, iris scans and fingerprints - and using it for a wide range of reasons, some under the guise of security and others to sell the information to third party entities.

"It's wrong," Dupre says.

Dupre's bill, which calls for the outright ban, was approved by a 7-3 count with Dupre and fellow county lawmakers: Tim Meyers, Michael Kooshoian, John Gilmour, John Bargnesi Jr., Taisha St. Jean Tard and Jeanne Vinal backing the propposal. All are Democrats.

Republican legislators John Mills, Frank Todaro and Lindsay Lorigo opposed the bill.

"I just feel this was a bit of an over step," Lorigo said.

Legislator Chris Greene was absent.

Lorigo had proposed not a ban but mandating anyone entity that used biometrics had to post it where all customers could see the notice. Lorigo's proposal was not voted on by the lawmakers.

Penalties under the ban could reach $1,000 per day.

"The whole thing scares the hell out of me," Mills said.

There are questions about who can enforce and monitor if companies use biometrics data.

Rinaldo thinks it may be hard while Dupre said the county has an effective enforcement system in place.

"All we want to do is protect our residents," Dupre said. "Who knows what they (companies) will do with this data."