Int. No. 891
By The Speaker (Council Member Menin) and Council Members Hanif, Louis, Narcisse, Restler, Hudson and Epstein
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting surveillance pricing
Be it enacted by the Council as follows:
Section 1. Subchapter 2 of chapter 5 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-709.2 to read as follows:
§ 20-709.2 Surveillance pricing prohibited. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Personal data. The term “personal data” means any data that identifies or could reasonably be linked, directly or indirectly, with a specific consumer, device, or household.
Surveillance pricing. The term “surveillance pricing” means setting a price, fee, or discount for a good or service for a specific consumer or group of consumers that differs from the price, fee, or discount made available to other consumers for the same good or service based, in whole or in part, on personal data collected through surveillance technology, including personal data collected through surveillance technology that is gathered, purchased, or otherwise acquired from a third party.
Surveillance technology. The term “surveillance technology” means technological methods, systems, or tools, including sensors, cameras, device tracking, biometric monitoring, or tracking of internet browsing history, that are capable of gathering or inferring personal data from a consumer’s behavior, characteristics, location, past purchases, or other attributes, whether in physical or digital environments.
b. Prohibition. Except as provided in subdivision c, no person that sells, leases, or rents goods or services, whether online or offline, shall engage in surveillance pricing.
c. Exceptions. Subdivision b shall not apply with respect to any insurance or credit product or in any of the following circumstances:
1. Where the difference in price, fee, or discount is based solely on costs associated with providing the good or service to different consumers; or
2. Where the difference in price, fee, or discount is uniformly made available to all consumers who meet publicly disclosed eligibility criteria and any of the following apply:
(a) The difference in price, fee, or discount is set based on eligibility criteria that any consumer could potentially meet, such as signing up for a mailing list; enrolling in a loyalty, membership, or rewards program; registering for promotional communications; or participating in a promotional event, for which the terms and criteria for receiving the difference in price, fee, or discount are disclosed clearly and prominently in a manner that an ordinary consumer would notice and understand;
(b) The difference in price, fee, or discount is made available to members of a broadly defined group, such as teachers, active or retired military, senior citizens, or students; or
(c) The difference in price, fee, or discount is made available to low-income consumers.
d. Penalties. Any person who violates this section shall be subject to a civil penalty of: (i) $150 for the first violation; (ii) $300 for the second violation; and (iii) $1,000 for the third and any subsequent violation.
§ 3. This local law takes effect 120 days after it becomes law.
HK
LS #20161
05/013/2026 11:26 AM