Poloncarz signs biometrics bill into law in Erie County

Buffalo, N.Y. (WBEN) - Erie County Executive Mark Poloncarz was joined by fellow county lawmakers and others in county government on Tuesday to sign into law the Biometric Transparency and Privacy Act (BTPA). This measure prohibits any public retailer or related entity from collecting and retaining biometric data, and provide protection against the invasion of privacy on residents and visitors of Erie County.

This piece of legislation makes Erie County the first county in New York State to enact such a ban.

This law creates a safer community for all by protecting a person's most basic and unique features: Their face and biometric data," said Poloncarz on Tuesday during a ceremony in front of the Rath Building in Downtown Buffalo.

The law includes all businesses and organizations that provide goods and services to the public and applies to both for-profit and non-profit entities.

Any establishment that already collects and stores any type of biometric data must disclose that to Erie County’s Division of Consumer Protection, and explain how they plan to permanently erase/delete/destroy all biometric information. Afterwards an affidavit must be issued within 30 days stating that all biometric data was permanently deleted or destroyed.

Commercial establishments found to be in violation of the law will be notified of violations, and be given 30 days to take corrective action. Any failure to address any violation is subject to civil penalties of $1,000 per-day if they continue the collection of any biometric data. In addition, any entity that fails to destroy biometric data they already possess may be subjected to fines of up to $5,000 per-day.

Poloncarz feels this bill will soon be a stepping stone for other local governments to enact similar measures to protect their residents and their biometric data.

"This started with a simple question: Does a store have the right to scan your face, keep it in a database, and sell if for profit? The answer today in Erie County is that no one can take your biometrics without permission, and no one can sell them," said Erie County Legislator Lawrence Dupre. "Your body is not a data point for a corporation to collect and sell. A sign on the door was never enough protection. You can reset a password, you can cancel a credit card. You cannot reset your face. As of today in Erie County, no corporation can own a piece of you. That is the law."

The Erie County Division of Consumer Protection will now oversee a dedicated webpage for businesses and consumers to access resources about the law. That information can be found online at www.erie.gov/biometrics.