NY, US · AI law tracker
A1362 — NY, US
A1362 is an AI governance legislation from NY, currently committee. New York Assembly Bill A1362 seeks to establish a statewide biometric data privacy act [1]. AIGI tracks 2 primary-source updates on this bill; the most recent was published on 2023-01-17.
Status & timeline
- Regulatory stage
- committee
- Bill status
- In Assembly Committee
- Authority / governing body
- New York State Senate
- Chamber
- Assembly
- Document type
- legislation
Next deadline: No fixed deadline — currently in committee.
Subscriber only
Full obligation matrix
| Actor | Obligation | Deadline | Source |
|---|---|---|---|
| deployer | Private entities in possession of biometric identifiers or biometric information must develop a written policy establishing a retention schedule. | null | — |
| deployer | Private entities must develop a written policy establishing guidelines for permanently destroying biometric identifiers and biometric information. | null | — |
| deployer | Private entities must permanently destroy biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied. | upon satisfaction of purpose | — |
| deployer | Private entities must permanently destroy biometric identifiers and biometric information within three years of the individual's last interaction with the private entity, if earlier than purpose satisfaction. | three years from last interaction | — |
Subscriber only
Enforcement risk score
Announced regulation; enforcement footprint still forming.
Subscriber only
Role-based compliance checklist
- general_counsel Monitor the progress of New York Assembly Bill A1362.
- compliance_officer Assess current practices for collecting, retaining, and destroying biometric identifiers and information.
- privacy_officer Begin drafting a written policy for biometric data retention and destruction, including a schedule and destruction guidelines, in anticipation of potential enactment.
- cto Evaluate technical capabilities for implementing systematic and auditable destruction of biometric data according to specified timelines.
Intelligence briefs (2)
NY Assembly Bill A1362 Establishes Biometric Data Privacy Requirements
New York Assembly Bill A1362 seeks to establish a statewide biometric data privacy act [1].
This development signals a potential expansion of strict biometric data retention and destruction obligations at the state level.
Deadline: No fixed deadline — currently in committee.
Primary source →New York Bill A1362: Biometric Data Retention and Destruction Policy Mandate
Bill A1362 introduces a requirement for private entities to establish a written biometric data retention policy [1].
This proposed legislation expands the scope of privacy obligations for entities handling biometric data, signaling an increasing focus on data lifecycle management.
Deadline: No fixed deadline — bill currently in committee
Primary source →Frequently asked questions
- What is A1362?
- New York Assembly Bill A1362 proposes the Biometric Privacy Act, mandating private entities holding biometric identifiers or information to establish a written policy [1]. This policy must include a data retention schedule and guidelines for permanent destruction, either when the initial purpose is met or within three years of an individual's last interaction [2]. The bill is currently in the Assembly Committee on Consumer Affairs And Protection. Primary source →
- Why does A1362 matter?
- This development signals a potential expansion of strict biometric data retention and destruction obligations at the state level. Primary source →
- Who does A1362 affect?
- Private entities operating in New York State that collect, possess, or otherwise interact with biometric identifiers or biometric information are within scope. This includes organizations deploying AI systems that process facial recognition data, fingerprints, voiceprints, or other unique biological characteristics for identification or verification purposes. Businesses in sectors such as retail, healthcare, financial services, and security that use such technologies for customer authentication, employee timekeeping, or access control would need to evaluate compliance. Primary source →
- What are the key dates for A1362?
- No fixed deadline — currently in committee. Primary source →
- What is the current status of A1362?
- As of the last published update, A1362 is at the "committee" stage, with bill status "In Assembly Committee". Primary source →
- Where can I find the primary source for A1362?
- The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2023/A1362. AIGI publishes the full citation chain plus every approved brief on this bill. Primary source →
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