The Buffalo Bills’ new stadium opened in June 2026, weeks after Erie County passed a law that could bar the kind of biometric entry other stadiums are adopting. Whether the two conflict depends on a few unsettled questions.
The Bills’ privacy policy, last updated March 16, 2026, lists biometric information among the data it may collect when fans elect to use biometric authentication at stadiums that offer it. It says consent will be obtained where the law requires. The policy does not say Highmark Stadium offers biometric entry yet, and no other reporting suggests that it does. A previous UB Sports Law Forum post from 2025 read the language as a sign the team may be preparing for an optional system, where fans upload a selfie that is matched against a live image at the gate.
The policy is vague on some points. It gives no fixed retention period for biometric data, and it allows sharing with the wider NFL family, service providers, and business partners.
Erie County’s Biometric Transparency and Privacy Act, signed in May 2026, bans the collection, use, and sale of biometric identifier information in commercial settings. Erie County is the first in New York to enact such a law, and violators can face fines of up to $5,000 a day after a 30-day cure period. Government agencies acting within their governmental duties and financial institutions are exempt. Security cameras remain legal. The county’s guidance says businesses may not use software that identifies individuals based on physiological or biological characteristics.
The Bills’ privacy policy and the Act collide on multiple points. First, the Bills’ policy assumes fans can opt in. The county’s public guidance describes notice, destruction, and certification, and does not mention a consent exception. Thus, “the fan consented” might not be a defense. Second, the law covers commercial establishments and exempts government. Ownership of the stadium has moved from Erie County to New York State, and the Bills hold a 30-year lease. Is a private tenant in a state-owned building a private business or an arm of the government? Can a county law reach a state-owned facility at all? Nobody has answered these questions publicly.
The Bills have said what they might do, and the county has said what businesses can’t. The stadium’s state ownership sits between the lines and leaves the answers unclear. This issue is one to watch, as state ownership also opens the door to constitutional claims that a private venue would not face.
Sources:
Buffalo Bills, LLC Privacy Policy, Buffalo Bills (Mar. 16, 2026).
Erie Cnty. Dep’t of Pub. Advocacy, The Biometric Transparency and Privacy Act in Erie County (2026).
Jaquelle Quenan, The Buffalo Bills Consider Optional Biometric Entry as Stadium Technology Evolves, UB L. Sports F. (Oct. 13, 2025).
As a second-year law student at UB Law, I've found my calling at the intersection of sports, labor law, and collective bargaining. Growing up watching professional basketball and football, I was always captivated by the games, but in law school, I developed a deep interest in what happens off the court and field.
I'm particularly drawn to the high-stakes world of CBA negotiations, where leagues and players' unions negotiate over revenue sharing, workplace protections, and compensation models. Through this blog, I analyze the legal strategies behind sports headlines, breaking down complex labor disputes, arbitration cases, and contract negotiations.
This is where my love of sports meets my dedication to law. Welcome to the conversation!
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