Damon W. Silver and Gregory C. Brown Jr. of JacksonLewis write:
As we noted in our last post, there has been a flurry of data privacy and security activity in New York, with the State appearing poised to join California as a leader in this space. Most recently, on April 29, 2021, the New York City Council passed the Tenant Data Privacy Act (“TDPA”), which would impose on owners of “smart access” buildings obligations related to their collection, use, safeguarding, and retention of tenant data.
Under the TDPA, a “smart access” building is one that uses electronic or computerized technology (e.g., a key fob), radio frequency identification cards, mobile phone applications, biometric information (e.g., fingerprints, voiceprints, hand or face geometry), or other digital technology to grant entry to the building, or to common areas or individual dwelling units therein.
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