Are there any laws concerning the use of facial recognition software for consumer marketing and product recommendations?

In New York, there are no specific laws concerning the use of facial recognition software for consumer marketing and product recommendations. However, businesses that use this type of technology must still abide by the state’s laws and regulations. For instance, they must comply with the New York’s Electronic Data Security and Privacy Protection Act and the New York State Consumer Protection Act. Under the NY Electronic Data Security and Privacy Protection Act, companies must provide clear and conspicuous notice of what data they are collecting and how that data will be used. They must also ensure that their technology follows reasonable security measures to protect the collected data from unauthorized access. The New York State Consumer Protection Act requires businesses to obtain the consent of consumers before collecting personal data, such as images of their faces. Businesses must provide clear, written explanations of how the data will be used and give consumers the right to opt out of having their images collected. Ultimately, businesses must also comply with the Federal Trade Commission’s (FTC) statutes, which regulate the use of facial recognition as well as other forms of data collection and use. The FTC’s regulations also require companies to clearly present their privacy policies and provide consumers with their right to opt out of data collection. Therefore, while there are currently no specific laws in place in New York concerning the use of facial recognition software, businesses must still comply with the state and federal laws and regulations.

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