It is now illegal for businesses in Syracuse to gather someone’s unique physiological data like facial features or DNA. Common councilors Monday unanimously passed a law banning biometric surveillance.
Councilors Corey Williams and Jimmy Monto began working on the measure during the winter. Monto said the city is proactively protecting residents’ privacy.
“We're very often playing catch up with things like this. And in this case, we're not," he said. "We're getting out ahead of it and saying, listen, Syracuse is not the place for it. I'm not sure there is a place for it. I'm quoted recently as calling it garbage. I'm going to stand right by that.”
The data collected includes fingerprints and iris or retina scans. Councilor Williams said there’s no telling what a business might do with the information.
“If your credit card gets stolen, you can get a new credit card. If your biometric data gets stolen, there is no alternative," he said. "Your facial features, your voice, your gait pattern, they are what they are, and there's no way to ever get that information back. Once it’s out there, it’s out there.”
Retailers argue the extra surveillance can mitigate theft. But data show technology still has a high error rate, leading to false accusations and searches.
Under the new law, violators face civil fines of up to $1,000 per instance if someone takes the company to court. Williams said two states have enacted biometric bans.
“One had no enforcement mechanism. One had a very similar civil liability clause," he said. "And what we learned from those two instances is that although enforcement might be a little bit challenging with the civil liability, it wound up being a more robust piece of legislation.”
Councilors also voted unanimously to urge New York State to approve a similar measure. Williams and Monto said if approved, it would eliminate the patchwork of laws across the state.
Earlier this month, Onondaga County lawmakers passed a law requiring businesses to notify customers when they are using biometric surveillance.
