NY, US · AI law tracker

S5879 — NY, US

S5879 is an AI governance legislation from NY, currently committee. New York S5879 proposes a prohibition on private entities using biometric data for any marketing purposes [1]. AIGI tracks 2 primary-source updates on this bill; the most recent was published on 2021-03-19.

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 — currently in committee.

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Full obligation matrix

ActorObligationDeadlineSource
private entityProhibited from using biometric data for any advertising, detailing, marketing, promotion, or any other activity intended to influence business volume, sales or market share or to evaluate the effectiveness of marketing practices or marketing personnel.

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Enforcement risk score

25
/ 100

Announced regulation; enforcement footprint still forming.

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Role-based compliance checklist

  • general_counsel Monitor the status and legislative progress of New York Senate Bill S5879.
  • cto Assess current and planned systems to identify any use of biometric data for marketing or advertising purposes.
  • product_manager Review marketing strategies and vendor contracts for reliance on biometric data, and prepare alternative approaches.

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Vendor impact assessment

Vendor risk class
high
Procurement categories
marketing_personalization, security_tooling, customer_service_ai

Vendors providing marketing, advertising, or customer analytics services, particularly those incorporating biometric identification, would be directly impacted by this prohibition and would need to ensure their tools do not utilize biometric data for the specified purposes in New York.

Sample vendor questions

  1. Does your service use or collect biometric data from New York consumers?
  2. Is any collected biometric data used for advertising, marketing, or promotional purposes?
  3. How do you ensure compliance with state-specific biometric data prohibitions in marketing activities?

Intelligence briefs (2)

legislation In Senate Committee 3/19/2021

NY S5879 Prohibits Biometric Data Use for Marketing by Private Entities

New York S5879 proposes a prohibition on private entities using biometric data for any marketing purposes [1].

This development signals increased scrutiny of biometric data applications within commercial advertising, potentially impacting AI-driven marketing strategies.

Deadline: No fixed deadline — currently in committee.

Primary source →
legislation In Senate Committee 3/19/2021

NY Bill S5879 Aims to Prohibit Biometric Data Use for Marketing

New York Senate Bill S5879 aims to restrict private entities from utilizing biometric data for all forms of marketing and promotion [1].

This development bears on the classification and permissible use of biometric data within AI-driven marketing systems in New York State.

Deadline: No fixed deadline — the bill is currently in Senate Committee.

Primary source →

Frequently asked questions

What is S5879?
New York Senate Bill S5879 proposes to prohibit private entities from utilizing biometric data for various marketing activities [1]. This includes advertising, detailing, promotion, and any activity intended to influence business volume, sales, market share, or evaluate marketing effectiveness [1]. The bill currently remains in the Senate Committee on Consumer Protection [2]. Primary source →
Why does S5879 matter?
This development signals increased scrutiny of biometric data applications within commercial advertising, potentially impacting AI-driven marketing strategies. Primary source →
Who does S5879 affect?
Organizations leveraging AI systems for advertising, detailing, marketing, or promotional activities in New York that involve biometric data are directly in scope. This primarily affects private entities engaged in commercial operations aiming to influence sales or market share within the state. Businesses operating across various sectors, particularly those with consumer-facing operations utilizing advanced analytics, may need to monitor this bill's progress. Primary source →
What are the key dates for S5879?
No fixed deadline — currently in committee. Primary source →
What is the current status of S5879?
As of the last published update, S5879 is at the "committee" stage, with bill status "In Senate Committee". Primary source →
Where can I find the primary source for S5879?
The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2021/S5879. AIGI publishes the full citation chain plus every approved brief on this bill. Primary source →

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