Chamber calls on NYC Council to regulate, not ban, biometric security tools

NEW YORK, NY – March 2, 2026 – Today, the Manhattan Chamber of Commerce submitted written testimony to the New York City Council Committee on Technology regarding Int. 213-2026 and Int. 428-2026, which address facial recognition technology and biometric data collection. The Chamber urged the Committee to pursue thoughtful, smart regulation of biometric technology rather than enacting blanket prohibitions.

Representing over 125,000 businesses, Chamber President and CEO Jessica Walker outlined the organization's opposition to Int. 213-2026 as currently drafted. The testimony highlights that biometric technology—particularly facial recognition—has become a vital tool in combating the rising threat of retail crime, organized shoplifting, and repeat violent offenders.

The Chamber warned that an outright ban in places of public accommodation would strip businesses of a highly effective security measure at a time when they need it most. This would disproportionately harm small, minority-owned, women-owned, and immigrant-owned enterprises that operate on thin margins and cannot afford to hire full-time, off-duty law enforcement officers to replace technology-based security. "Banning biometric technology removes a scalable, cost-effective security tool and replaces it with nothing," the testimony stated.

Instead of an outright ban, the Manhattan Chamber of Commerce proposed strengthening New York City's existing regulatory framework. The Chamber's recommendations include:

• Requiring affirmative, informed consent from consumers before biometric technology is used for identification.

• Distinguishing between security and commercial uses, following models established by states like Washington.

• Mandating strict data retention, destruction policies, and regular security audits.

• Maintaining the ban on selling biometric data to third parties and prohibiting its use for discriminatory profiling.

The Chamber also offered brief remarks on Int. 428-2026, which limits facial recognition in residential buildings. While the Chamber did not take a formal position on the bill, it cautioned the Committee to ensure alternative security technologies (such as video intercoms and key fobs) remain permissible and to clearly distinguish between identification technology and basic access technology.

The Manhattan Chamber of Commerce remains committed to working alongside the City Council and community stakeholders to develop a framework that prioritizes consumer privacy without leaving Manhattan storefronts and neighborhoods less safe.