NYS Privacy

Overview of Law
Collecting Biometric Data
Employers in New York may not make fingerprinting a condition of employment. They may request that employees submit to fingerprinting, but if an employee refuses they may not be terminated or discriminated against in any way as a result. Employers who wish to use biometric data for timekeeping or other purposes may instead require different identifiers, such as scans of facial or hand geometry.
Employee Monitoring
Employers may not video record in any location where an employee would have a reasonable expectation of privacy (e.g., restroom, locker room, area designated for changing, lactation room).
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