New York Senate Bill S2390 proposes to prohibit private entities from utilizing biometric data for various marketing-related activities, including advertising, promotion, or any other activity intended to influence business volume, sales, or market share [1]. This legislation also covers evaluation of marketing practices or personnel. The bill is currently under review by the Senate Committee on Consumer Protection [2].

Who does S2390 affect?

Private entities operating within New York State that utilize biometric data for customer engagement, advertising, or sales initiatives are directly within the scope of this proposed legislation. This includes organizations deploying AI systems for personalized marketing, consumer profiling, or evaluating advertising effectiveness based on biometric identifiers. Businesses engaged in retail, hospitality, entertainment, or any sector employing AI-driven marketing analytics are particularly impacted.

What is the current status of S2390?

As of the last published update, S2390 is at the "committee" stage, with bill status "In Senate Committee".

Where can I find the primary source for S2390?

The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2023/S2390. AIGI publishes the full citation chain plus every approved brief on this bill.

NY, US · AI law tracker

S2390 — NY, US

S2390 is an AI governance legislation from NY, currently committee. Bill S2390 proposes to prohibit private entities from using biometric data for marketing, advertising, and related activities [1]. AIGI tracks 1 primary-source update on this bill; the most recent was published on 2023-01-20.

Status & timeline

Regulatory stage: committee
Bill status: In Senate Committee
Authority / governing body: New York State Senate
Chamber: Senate
Document type: legislation

Next deadline: No fixed deadline — bill is in committee review

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Full obligation matrix

Actor	Obligation	Deadline	Source
private_entity	Must not use biometric data for advertising.	Upon enactment	—
private_entity	Must not use biometric data for detailing.	Upon enactment	—
private_entity	Must not use biometric data for marketing.	Upon enactment	—
private_entity	Must not use biometric data for promotion.	Upon enactment	—
private_entity	Must not use biometric data for any activity intended to influence business volume, sales, or market share.	Upon enactment	—
private_entity	Must not use biometric data to evaluate the effectiveness of marketing practices or marketing personnel.	Upon enactment	—

Subscriber only

Enforcement risk score

/ 100

Announced regulation; enforcement footprint still forming.

Subscriber only

Role-based compliance checklist

general_counsel Monitor the status of NY S2390 for progression through legislative stages. (Ongoing)
compliance_officer Inventory all systems and processes that collect, store, or process biometric data for potential marketing applications. (Upon enactment (or proactively))
marketing_director Assess current and planned marketing strategies to identify any reliance on biometric data for targeting, analysis, or performance evaluation. (Upon enactment (or proactively))
cto Review data pipelines and AI/ML models to ensure biometric data is not used in ways prohibited by this bill, should it become law. (Upon enactment (or proactively))

Subscriber only

Vendor impact assessment

Vendor risk class: high
Procurement categories: marketing_personalization, customer_service_ai, security_tooling

Vendors providing marketing, analytics, or customer interaction platforms that utilize biometric data will face significant restrictions. Companies procuring such services must ensure their vendors can comply with a ban on using biometric data for marketing purposes.

Sample vendor questions

Does your service collect or process biometric data from New York consumers?
If so, for what purposes is that biometric data used or shared?
Does your service involve the use of biometric data for advertising, marketing, or sales-related analytics?
How do you ensure compliance with state-specific biometric data usage restrictions?

Intelligence briefs (1)

legislation In Senate Committee 1/20/2023

New York Bill S2390 Prohibits Biometric Data Use for Marketing

Bill S2390 proposes to prohibit private entities from using biometric data for marketing, advertising, and related activities [1].

This legislation extends data privacy obligations to AI-driven marketing practices, significantly altering the scope for deployers utilizing biometric data in New York.

Deadline: No fixed deadline — bill is in committee review

Primary source →

Frequently asked questions

What is S2390?: New York Senate Bill S2390 proposes to prohibit private entities from utilizing biometric data for various marketing-related activities, including advertising, promotion, or any other activity intended to influence business volume, sales, or market share [1]. This legislation also covers evaluation of marketing practices or personnel. The bill is currently under review by the Senate Committee on Consumer Protection [2]. Primary source →
Why does S2390 matter?: This legislation extends data privacy obligations to AI-driven marketing practices, significantly altering the scope for deployers utilizing biometric data in New York. Primary source →
Who does S2390 affect?: Private entities operating within New York State that utilize biometric data for customer engagement, advertising, or sales initiatives are directly within the scope of this proposed legislation. This includes organizations deploying AI systems for personalized marketing, consumer profiling, or evaluating advertising effectiveness based on biometric identifiers. Businesses engaged in retail, hospitality, entertainment, or any sector employing AI-driven marketing analytics are particularly impacted. Primary source →
What are the key dates for S2390?: No fixed deadline — bill is in committee review Primary source →
What is the current status of S2390?: As of the last published update, S2390 is at the "committee" stage, with bill status "In Senate Committee". Primary source →
Where can I find the primary source for S2390?: The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2023/S2390. AIGI publishes the full citation chain plus every approved brief on this bill. Primary source →

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Important — about this brief

This brief is published by AIGI as a regulatory intelligence service. It contains general information about AI laws, regulations, enforcement actions, and policy signals across jurisdictions. It is not legal, compliance, audit, or risk-management advice; it does not establish an attorney-client, advisory, or fiduciary relationship; and it should not be relied upon as a substitute for professional counsel applied to specific facts and circumstances. Where the brief identifies “Issues for Review,” those are observations of questions a reader in a particular role might raise with their own legal, compliance, or risk function — not recommendations to act. AIGI expressly disclaims liability for actions taken or not taken in reliance on this brief. Subscribers in regulated industries should consult licensed professionals authorized to practice in their jurisdiction.

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Status & timeline

Intelligence briefs (1)

New York Bill S2390 Prohibits Biometric Data Use for Marketing

Frequently asked questions

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