New York proposes its own version of Illinois' biometric data law

On January 6, 2021, New York proposed its own “Biometric Privacy Act”. New York’s proposed “Biometric Privacy Act” is a copy of the Illinois Biometric Information Privacy Act (BIPA). The BPA includes a private right of action to recover up to $1,000 for each negligent violation, up to $5,000 for each intentional or reckless violation, and reasonable attorneys’ fees and costs.

Given the plethora of employee class action lawsuits in Illinois, this is a considerable risk for employers.

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