by Stephen D. Hans | Oct 12, 2021 | NYC Tenant Data Privacy Act
Dealing with Tenants’ Privacy Rights The NYC Council passed the Tenant Data Privacy Act at the end of June 2021. What does this mean for landlords? Smart access in modern buildings The new tenant data privacy law applies to buildings that use smart access technology for entry. A smart access system employs electronic technology and collects data on renters that enables them to enter the building. While this makes buildings more secure, it also can put renters at risk if their data becomes compromised. What types of data do smart access technology systems gather? NYC smart access systems for multi-family dwellings use a variety of access methods that rely on data for entry. Methods may include: Radio frequency identification card Mobile phone application Biometric identifier (fingerprints, voice recognition, facial recognition, retina scan, etc.) Key fobs Other digital technology There are two types of data involved—authentication data and reference data. Landlords use reference data to confirm the authentication data. What tenant data privacy obligations do landlords have? The law provides numerous stipulations. Some of the main requirements that the new law demands of landlords include the following: Giving tenants a privacy notice that explains the policy in plain language Acquiring consent for smart access systems use Keeping collected data secure Not selling or sharing data collected with outside parties for profit Disclosing to renters the entities or third parties that landlords allow to have the data and their privacy policies The law limits the information that landlords may collect to the following: Tenant’s name Apartment number and tenant’s access to amenities Preferred contact method Biometric information used by the smart...
