NY, US · AI law tracker

A488 — NY, US

A488 is an AI governance legislation from NY, currently committee. This bill proposes to restrict private entities from utilizing biometric data for advertising, marketing, and related commercial influence activities [2]. AIGI tracks 1 primary-source update on this bill; the most recent was published on 2020-12-29.

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 — the bill is currently in committee review.

Subscriber only

Full obligation matrix

ActorObligationDeadlineSource
deployerMust not use biometric data for advertising, detailing, marketing, promotion, or any activity intended to influence business volume, sales, market share, or evaluate marketing effectiveness or personnel.
providerMust not use biometric data for advertising, detailing, marketing, promotion, or any activity intended to influence business volume, sales, market share, or evaluate marketing effectiveness or personnel.
userMust not use biometric data for advertising, detailing, marketing, promotion, or any activity intended to influence business volume, sales, market share, or evaluate marketing effectiveness or personnel.

Subscriber only

Enforcement risk score

0
/ 100

Hypothetical or aspirational; no enforcement signal yet.

Subscriber only

Role-based compliance checklist

  • compliance_officer Monitor the status of New York Assembly Bill A488 regarding biometric data usage for marketing.
  • marketing Review current marketing strategies and practices to identify any reliance on biometric data for prohibited purposes.
  • general_counsel Assess potential legal implications and necessary operational changes if A488 is enacted into law.

Subscriber only

Vendor impact assessment

Vendor risk class
high
Procurement categories
marketing_personalization, advertising

Vendors providing marketing or advertising services that leverage biometric data would be directly impacted, requiring a cessation of such practices for New York operations if this bill becomes law. Companies should review vendor contracts and capabilities.

Sample vendor questions

  1. Does your service collect or process biometric data from New York consumers?
  2. If so, how is this biometric data used, and specifically, is it used for advertising or marketing purposes as described in NY A488?
  3. What safeguards and contractual clauses do you have in place to prevent the use of biometric data for marketing activities covered by A488 if enacted?

Intelligence briefs (1)

legislation In Assembly Committee 12/29/2020

New York Bill Proposes Ban on Biometric Data Use for Marketing Activities

This bill proposes to restrict private entities from utilizing biometric data for advertising, marketing, and related commercial influence activities [2].

This development signals an evolving regulatory focus on data privacy, particularly concerning AI use cases involving biometric data in marketing.

Deadline: No fixed deadline — the bill is currently in committee review.

Primary source →

Frequently asked questions

What is A488?
New York Assembly Bill A488 (2021-2022) [1] seeks to prohibit private entities from using biometric data for various marketing-related activities [2]. These activities specifically include advertising, detailing, promotion, or any endeavor intended to influence business volume, sales, or market share, as well as evaluating marketing effectiveness or personnel [2]. The bill is currently under review by the Assembly Committee on Consumer Affairs And Protection [1]. Primary source →
Why does A488 matter?
This development signals an evolving regulatory focus on data privacy, particularly concerning AI use cases involving biometric data in marketing. Primary source →
Who does A488 affect?
This bill affects private entities operating within New York State that employ or intend to employ AI systems processing biometric data. Deployers in scope typically include companies engaged in digital advertising, personalized marketing, sales analytics, and customer engagement, particularly those utilizing biometric identifiers for profiling, targeting, or performance evaluation. Business functions such as marketing, product development, data analytics, and legal compliance teams could be impacted by the proposed restrictions. Primary source →
What are the key dates for A488?
No fixed deadline — the bill is currently in committee review. Primary source →
What is the current status of A488?
As of the last published update, A488 is at the "committee" stage, with bill status "In Assembly Committee". Primary source →
Where can I find the primary source for A488?
The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2021/A488. AIGI publishes the full citation chain plus every approved brief on this bill. Primary source →

Stay informed

Get briefs on every AI law, every morning.

Start 14-day trial →