Status: Pending — Passed the New York State Senate 55-5 on May 12, 2026; referred to the Assembly Codes Committee. Not yet enacted.
Bill Number: New York S2539-C (adds Gen. Bus. Law § 390-f); Sponsor: Sen. Zellnor Myrie
Jurisdiction: New York
Category: Privacy & Biometrics, Consumer Disclosure
Industries: Retail, Hospitality, and any commercial establishment using camera-based analytics or customer-tracking technology
Introduced: January 21, 2025 (2025-2026 Regular Session)
Effective Date: If enacted, the 90th day after becoming law
Summary: New York S2539 would add a new section 390-f to the General Business Law requiring any retailer that tracks a customer — by cell phone, a store-installed camera, or any other electronic device — while the customer is in the establishment to conspicuously post a warning sign at each entrance disclosing that tracking and providing opt-out information. Separately, any retailer that collects, retains, converts, stores, or shares biometric information of customers must post an entrance sign describing the type of biometric information collected and how it is used, with opt-out information. The bill also makes it unlawful for a retailer to sell, lease, trade, or otherwise profit from customers’ biometric information. Violations carry escalating civil penalties of up to $100, $250, and $500. Crucially for security operators, the statute expressly exempts cameras and other technology used solely for video surveillance to ensure the security of a store.
Key Provisions:
- Entrance Signage: Conspicuous warning signs required at each entrance for device-based tracking and for biometric-information collection.
- Opt-Out: Signs must tell customers how to opt out of tracking and biometric collection where applicable.
- No Sale of Biometrics: Bars retailers from selling, leasing, trading, or profiting from customers’ biometric information.
- Security-Camera Carve-Out: Does not apply to cameras and technology used solely for video surveillance to ensure store security.
- Civil Penalties: Up to $100 / $250 / $500 per violation, enforceable by municipal consumer-affairs or local government attorneys.
Affected Entities: Retailers and commercial establishments in New York that deploy customer-tracking technology or collect biometric identifiers (facial geometry, fingerprints, iris/retina patterns, voice, gait, and similar).
IntelliSee Relevance: Adjacent. S2539 targets retailers that identify or track individual customers — the opposite of how IntelliSee operates. IntelliSee’s AI safety analytics use no facial recognition and no biometric identification; the platform detects visible safety events such as a brandished firearm, a fall, or unauthorized access and alerts responders, without identifying who anyone is. The bill’s explicit carve-out for cameras “used solely for video surveillance to ensure the security of a store” underscores the regulatory line IntelliSee already sits on the safe side of: security-purpose, non-identifying video analytics. For New York retail and hospitality security leaders, S2539 is a useful marker of where biometric-tracking scrutiny is heading — and a reason to favor safety analytics that never collect a biometric identifier in the first place.
Related Legislation & Resources
- New York Biometric Tracking Disclosure (A. 10008, 2026 Budget)
- Virginia Facial Recognition Restrictions (2026 amendments)
- Colorado AI Act Repeal and Replace (SB 26-189, 2026)
- IntelliSee AI Gun Detection
- State-by-State AI Security Legislation: Q2 2026 Tracker
Sources: NY State Senate — S2539 bill status, text, and May 12, 2026 floor vote