Brian Pete Quoted in Crain’s Biometric Data Collection Article
New York, N.Y. (July 14, 2021) – New York Partner Brian Pete was recently quoted in a Crain’s New York Business article titled “What Businesses Should Know About the City’s New Facial Recognition Law,” which discusses New York City’s new measure that allows individuals to sue if they are not advised of biometric data collection.
As the article describes, retailers, restaurants, and entertainment venues are now required to post a clear notice if they are collecting customers’ fingerprint scans, facial recognition data, or any other type of biometric information. In addition, the law prohibits the sale of biometric information between businesses.
Following the publication of a Lewis Brisbois alert regarding New York City’s new biometric privacy law, which Mr. Pete co-authored, Crain’s contacted him to discuss the topic. Mr. Pete told Crain’s that businesses should focus upon the consumer rights that the new law guarantees, noting, “Whenever you have a new type of law like this, there is the potential for complaints.” Referring to Illinois’ Biometric Information Privacy Act, he added, “A similar law in Illinois has generated more than 1,000 lawsuits, so there is obvious concern, and businesses need to be abreast of what’s changing here.” Similarly, Mr. Pete explained that businesses should err on the safe side by disclosing any data they collect that could be seen as biometric information.
Mr. Pete is a member of Lewis Brisbois' Labor & Employment, Complex Business & Commercial Litigation, and Professional Liability Practices. He regularly assists clients in navigating the complex array of federal, state, and local employment laws by advising on employment agreements, terminations, investigations, severance agreements, and proper classification of employees under the Fair Labor Standards Act.