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The New York City Tenant Data Privacy Act (TDPA) was passed on May 28, 2021. Scheduled to go into effect on July 29, 2021, the law addresses a number of perceived privacy-related issues concerning smart access systems in multifamily buildings.
To whom does it apply?
The law will affect three groups of people: owners of smart access buildings, tenants of smart access buildings and their guests, and third-party entities that install or operate the smart access system for such buildings. A smart access building is any Class A multifamily building or any multifamily building occupied for permanent residence purposes that uses a smart access system. A smart access system is any system that uses digital technology such as key cards, fobs, phones, and fingerprints to grant entry to the building, its common areas, or an individual unit in the building.
Privacy Bill Essentials: Ohio Personal Privacy Act | Hinshaw Privacy & Cyber Bytes - Insights on Compliance, Best Practices, and Trends
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On January 10, 2021, the New York City Council enacted a biometric identifier information law. The law went into effect on July 9, 2021.
What type of information is covered?
The law covers biometric identifier information, which is a physiological or biological characteristic used to identify an individual. Such biometric information includes, but is not limited to, a retina or iris scan, a fingerprint or voiceprint, or a hand or face geometry scan.
Biometric information collected through photographs or video recordings are not implicated if the images or videos collected are not analyzed by software that identifies individuals based on physiological or biological characteristics, and the images or videos are not shared with third parties who are not law enforcement agencies.