Local Law No. 5-1 (2026)
“Biometrics Transparency and Privacy Act”
Erie County has enacted Local Law No. 5-1 (2026) titled the “Biometrics Transparency and Privacy Act” that prohibits Commercial Establishments from collecting, storing, procuring, using, and selling or otherwise monetizing a Customer’s Biometric Identifier Information in Commercial Settings. Pursuant to Local Law No.5-1 (2026):
- All Commercial Establishments in possession of Biometric Identifier Information at the time this law is enacted must provide written notice to the Director of Consumer Protection within thirty (30) days of the effective date of the local law. Such written notice must include the following information:
- A summary of the amount and type of Biometric Information in the possession of the Commercial Establishment; and
- A Destruction Policy detailing the method and timing for permanent deletion or destruction of all Biometric Information in its possession.
- All Commercial Establishments in possession of Biometric Identifier Information must make the written notice available to the public by posting the written notice Clearly and Conspicuously in the Commercial Establishment.
- All Commercial Establishments in possession of Biometric Identifier Information must provide an affidavit certifying the permanent deletion or destruction of all Biometric Identifier Information within thirty (30) days of providing written notice to the Director.
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A Commercial Establishment found in violation of Local Law No. 5-1 (2026) may be subject to civil penalties ranging from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00) per day for each day a violation continues.
Forms
Mandatory Notice* (Notice Webform Submission) (Notice PDF Form)
Commercial Establishments may use this form to provide written notice to the Director pursuant to Erie County Local Law No. 5-1, Section 5(a) (2026).
Certification of Destruction* (Certificate of Destruction Webform Submission) (Certificate of Destruction PDF Form)
Commercial Establishments may use this form to certify to the Director the destruction and/or permanent deletion of Biometric Information pursuant to Erie County Local Law No. 5-1, Section 5(c) (2026).
*Disclaimer: This form does not constitute legal advice and does not confirm or guarantee compliance with the law. Use of this form is not a substitute for advice from a licensed attorney.
Resources
Congress.gov - Biometric Technologies and Global Security
Federal Trade Commission - FTC Warns About Misuses of Biometric Information and Harm to Consumers
National Institute of Standards and Technology (NIST) - Facing the Facts to Keep Our Biometrics Secure
U.S. Department of Homeland Security - Biometrics
The information provided on this site is for general informational purposes and does not constitute legal advice. No attorney-client relationship is formed by viewing this site or submitting any form. If you have questions regarding your legal rights and responsibilities, you should consult a licensed attorney.