NY State Senate Bill 2015-S761A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2016	print number 761a
Feb 02, 2016	amend and recommit to finance
Jan 06, 2016	referred to finance
Jan 07, 2015	referred to finance

Bill Amendments

Original

A (Active)

2015-S761 - Details

See Assembly Version of this Bill:: A119
Current Committee:: Senate Finance
Law Section:: Consumer
Versions Introduced in Other Legislative Sessions:: 2009-2010: A275
2011-2012: A1032, A8439
2013-2014: S5439, A605
2017-2018: A5233

2015-S761 - Summary

Establishes the New York state automatic identification technology privacy task force, to consist of: the superintendent of the department of financial services, the secretary of state, the commissioner of education, the director of the office for information technology sources, the attorney general, the mayor of the city of New York and 11 at-large members to be appointed by the governor and the legislative leaders; provides the task force shall report to the governor and the legislature regarding: existing state law, regulations, programs, policies, and practices related to the use of automatic identification technology; the privacy issues associated with the use of automatic identification technology by public and private entities; research on privacy issues associated with the use of automatic identification technology

2015-S761 - Sponsor Memo

                                BILL NUMBER:S761

TITLE OF BILL:

An act to establish the New York state automatic identification
technology privacy task force

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a task force that would
assess various privacy issues associated with the use of automatic
identification technologies by public and private entities.

SUMMARY OF PROVISIONS:

This bill would authorize and direct the establishment of the New York
state automatic identification privacy task force, The task force
would be charged with providing a report to the governor and
legislature with specific findings and recommendations, including
whether legislation is needed to regulate the use of automatic
identification technology, no later than November 30, 2015. The bill
would direct the chairperson of the consumer protection board and the
director of the office for technology to serve as joint chairpersons
of the seventeen member task force.

JUSTIFICATION:

The right to privacy is a personal and fundamental right Automated
systems used to identify, track, record, store and transfer data,
commonly referred to as automatic identification systems, are
increasingly being used by public and private entities, including
retailers, manufacturers, and hospitals. As the price of automatic
identification technology decreases, the employment of this technology
is expected to increase rapidly. Several major retailers, including
WalMart, Target and Best Buy, are moving rapidly to add one type of
automatic identification technology, Radio Frequency Identification
(RFID)tags, to products they sell. This new technology has privacy
implications, including the potential for the tracking of movements of
a person who possesses or handles objects containing radio frequency
identification tags and the profiling of consumers without their
consent.

The New York state automatic identification task force would determine
the need for the State to regulate this technology in order to ensure
personal privacy.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.5439 Referred to Finance
2011-2012: A.8439 - Referred to Ways and Means / S.7806-Referred to
Rules
2009-2010: A.275-A - Veto Memo 6771
2007-2008: A.225-B - Passed Assembly
2005-2006: A.9506 - Passed Assembly.

FISCAL IMPLICATIONS:


Minimal

EFFECTIVE DATE:

Immediately.

2015-S761 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   761

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to establish the New York state automatic identification technol-
  ogy privacy task force

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that new technol-
ogies  can have a profound impact on people and social systems.  The use
of new technologies can be very beneficial, but care must  be  taken  to
ensure  that  such  technologies are used responsibly. Automated systems
used to identify, track,  record,  store  and  transfer  data,  commonly
referred  to  as  automatic  identification technology, are increasingly
being used by public and private entities, including retailers, manufac-
turers, and hospitals. The legislature recognizes that as the  price  of
automatic  identification  technology  decreases, the employment of this
technology is expected to  increase  rapidly.  The  legislature  further
recognizes  that  automatic identification technologies may have privacy
implications affecting consumers and the general public. The legislature
further recognizes that such technology has numerous applications  bene-
ficial  to  public and private entities and affecting both consumers and
the general public. The legislature further recognizes that  understand-
ing  various applications and potential privacy concerns regarding auto-
matic identification technology is an area that needs study  and  review
in  order  to  determine what protections, if any, are needed to protect
personal privacy.
  S 2. The New York state automatic  identification  technology  privacy
task  force  is hereby established. The role of the task force includes,
but is not limited to:
  (a) assessing the privacy issues associated with  the  application  of
automatic  identification  technologies,  including  but  not limited to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01436-01-5

S. 761                              2

optical bar code scanning, radio frequency identification,  smart  card,
and  optical  memory  card  technologies by public and private entities,
including but not limited to,  state,  county,  and  local  governments,
retailers, manufacturers, employers, and schools;
  (b)  assessing  the  practical  applications associated with automatic
identification technologies, including, but not limited to, the tracking
of merchandise within a chain of distribution, protection of merchandise
against theft, and other beneficial uses  by  state,  county  and  local
governments, retailers, manufacturers, employers and schools; and
  (c) preparing a report for submission to the governor and the legisla-
ture  that  provides  specific recommendations regarding: existing state
laws, regulations, programs, policies, and practices related to the  use
of automatic identification technology and whether legislation is neces-
sary  to regulate the use of such technology; the privacy issues associ-
ated with the use of automatic identification technology by  public  and
private  entities; research on privacy issues associated with the use of
automatic identification technology; current and anticipated or possible
future uses of automatic  identification  technology;  the  benefits  to
consumers  and businesses from the use of automatic identification tech-
nology; and public awareness on  the  use  of  automatic  identification
technology.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2016.
  S  4. The task force shall consist of a total of seventeen members and
shall  include  the  superintendent  of  the  department  of   financial
services,  the  secretary  of  state, the commissioner of education, the
director of the office of information technology services, the  attorney
general,  and the mayor of the city of New York, or a designee of any of
said officers. The remaining eleven, at-large members shall be appointed
as follows: three shall be appointed by the  governor;  three  shall  be
appointed by the temporary president of the senate and one by the minor-
ity leader of the senate; three shall be appointed by the speaker of the
assembly and one by the minority leader of the assembly. One each of the
appointments of the governor, temporary president of the senate, and the
speaker  of  the  assembly  shall be a member, officer, or employee of a
consumer advocacy organization. One of the appointments of the  governor
shall  be a member, officer, or employee of a financial institution that
employs automatic identification technology systems in one  or  more  of
its products. One of the appointments of the governor shall be a member,
officer,  or  employee of a statewide association representing and advo-
cating for the interests of local governments. One of  the  appointments
of  the  speaker of the assembly shall be a member, officer, or employee
of a statewide trade association  representing  primarily  retail  busi-
nesses.  One of the appointments of the speaker of the assembly shall be
a member, officer, or employee of  a  manufacturer  of  radio  frequency
identification systems.  One of the appointments of the temporary presi-
dent  of  the senate shall be a member, officer, or employee of a state-
wide trade association representing the grocery  industry.  One  of  the
appointments of the temporary president of the senate shall be a member,
officer,  or  employee  of  a national high technology trade association
with a significant presence in the state representing the radio frequen-
cy identification technology  manufacturing  industry.  An  organization
shall be considered a consumer advocacy organization if it advocates for
enhanced consumer protection in the marketplace, educates consumers, and
researches  and  analyzes consumer issues, including consumers' right to
privacy.

S. 761                              3

  S 5. The secretary of state and the director of the office of informa-
tion technology services or their designees shall serve as joint  chair-
persons of the task force.
  S  6.  The  task  force may consult with any organization, educational
institution, governmental agency, or person.
  S 7. The members of the task force shall serve  without  compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S  8.  The  secretary  of state shall provide the task force with such
facilities, assistance, and data as will enable the task force to  carry
out  its powers and duties. Additionally, all other departments or agen-
cies of the state or subdivisions thereof shall, at the request  of  the
chairpersons,  provide  the task force with such facilities, assistance,
and data as will enable the task force  to  carry  out  its  powers  and
duties.
  S 9. This act shall take effect immediately.

2015-S761A (ACTIVE) - Details

See Assembly Version of this Bill:: A119
Current Committee:: Senate Finance
Law Section:: Consumer
Versions Introduced in Other Legislative Sessions:: 2009-2010: A275
2011-2012: A1032, A8439
2013-2014: S5439, A605
2017-2018: A5233

2015-S761A (ACTIVE) - Summary

2015-S761A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S761A

 TITLE OF BILL :  An act to establish the New York state automatic
identification technology privacy task force

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to establish a task force that would
assess various privacy issues associated with the use of automatic
identification technologies by public and private entities.

 SUMMARY OF PROVISIONS :

This bill would authorize and direct the establishment of the New York
state automatic identification privacy task force, The task force
would be charged with providing a report to the governor and
legislature with specific findings and recommendations, including
whether legislation is needed to regulate the use of automatic
identification technology, no later than November 30, 2017. The bill
would direct the chairperson of the consumer protection board and the
director of the office for technology to serve as joint chairpersons
of the seventeen member task force.

 JUSTIFICATION :

The right to privacy is a personal and fundamental right Automated

systems used to identify, track, record, store and transfer data,
commonly referred to as automatic identification systems, are
increasingly being used by public and private entities, including
retailers, manufacturers, and hospitals. As the price of automatic
identification technology decreases, the employment of this technology
is expected to increase rapidly. Several major retailers, including
WalMart, Target and Best Buy, are moving rapidly to add one type of
automatic identification technology, Radio Frequency Identification
(RFID)tags, to products they sell. This new technology has privacy
implications, including the potential for the tracking of movements of
a person who possesses or handles objects containing radio frequency
identification tags and the profiling of consumers without their
consent.

The New York state automatic identification task force would determine
the need for the State to regulate this technology in order to ensure
personal privacy.

 PRIOR LEGISLATIVE HISTORY :

2013-14: S.5439 Referred to Finance
2011-2012: A.8439 - Referred to Ways and Means / S.7806-Referred to
Rules
2009-2010: A.275-A - Veto Memo 6771
2007-2008: A.225-9 - Passed Assembly
2005-2006: A.9506 - Passed Assembly.

 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
Immediately.

2015-S761A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 761--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to establish the New York state automatic identification technol-
  ogy privacy task force

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that new technol-
ogies can have a profound impact on people and social systems.  The  use
of  new  technologies  can be very beneficial, but care must be taken to
ensure that such technologies are used  responsibly.  Automated  systems
used  to  identify,  track,  record,  store  and transfer data, commonly
referred to as automatic  identification  technology,  are  increasingly
being used by public and private entities, including retailers, manufac-
turers,  and  hospitals. The legislature recognizes that as the price of
automatic identification technology decreases, the  employment  of  this
technology  is  expected  to  increase  rapidly. The legislature further
recognizes that automatic identification technologies may  have  privacy
implications affecting consumers and the general public. The legislature
further  recognizes that such technology has numerous applications bene-
ficial to public and private entities and affecting both  consumers  and
the  general public. The legislature further recognizes that understand-
ing various applications and potential privacy concerns regarding  auto-
matic  identification  technology is an area that needs study and review
in order to determine what protections, if any, are  needed  to  protect
personal privacy.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01436-02-6

S. 761--A                           2

  S  2.  The  New York state automatic identification technology privacy
task force is hereby established. The role of the task  force  includes,
but is not limited to:
  (a)  assessing  the  privacy issues associated with the application of
automatic identification technologies,  including  but  not  limited  to
optical  bar  code scanning, radio frequency identification, smart card,
and optical memory card technologies by  public  and  private  entities,
including  but  not  limited  to,  state, county, and local governments,
retailers, manufacturers, employers, and schools;
  (b) assessing the practical  applications  associated  with  automatic
identification technologies, including, but not limited to, the tracking
of merchandise within a chain of distribution, protection of merchandise
against  theft,  and  other  beneficial  uses by state, county and local
governments, retailers, manufacturers, employers and schools; and
  (c) preparing a report for submission to the governor and the legisla-
ture that provides specific recommendations  regarding:  existing  state
laws,  regulations, programs, policies, and practices related to the use
of automatic identification technology and whether legislation is neces-
sary to regulate the use of such technology; the privacy issues  associ-
ated  with  the use of automatic identification technology by public and
private entities; research on privacy issues associated with the use  of
automatic identification technology; current and anticipated or possible
future  uses  of  automatic  identification  technology; the benefits to
consumers and businesses from the use of automatic identification  tech-
nology;  and  public  awareness  on  the use of automatic identification
technology.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2017.
  S 4. The task force shall consist of a total of seventeen members  and
shall   include  the  superintendent  of  the  department  of  financial
services, the secretary of state, the  commissioner  of  education,  the
director  of the office of information technology services, the attorney
general, and the mayor of the city of New York, or a designee of any  of
said officers. The remaining eleven, at-large members shall be appointed
as  follows:  three  shall  be appointed by the governor; three shall be
appointed by the temporary president of the senate and one by the minor-
ity leader of the senate; three shall be appointed by the speaker of the
assembly and one by the minority leader of the assembly. One each of the
appointments of the governor, temporary president of the senate, and the
speaker of the assembly shall be a member, officer,  or  employee  of  a
consumer  advocacy organization. One of the appointments of the governor
shall be a member, officer, or employee of a financial institution  that
employs  automatic  identification  technology systems in one or more of
its products. One of the appointments of the governor shall be a member,
officer, or employee of a statewide association representing  and  advo-
cating  for  the interests of local governments. One of the appointments
of the speaker of the assembly shall be a member, officer,  or  employee
of  a  statewide  trade  association representing primarily retail busi-
nesses. One of the appointments of the speaker of the assembly shall  be
a  member,  officer,  or  employee  of a manufacturer of radio frequency
identification systems.  One of the appointments of the temporary presi-
dent of the senate shall be a member, officer, or employee of  a  state-
wide  trade  association  representing  the grocery industry. One of the
appointments of the temporary president of the senate shall be a member,
officer, or employee of a national  high  technology  trade  association
with a significant presence in the state representing the radio frequen-

S. 761--A                           3

cy  identification  technology  manufacturing  industry. An organization
shall be considered a consumer advocacy organization if it advocates for
enhanced consumer protection in the marketplace, educates consumers, and
researches  and  analyzes consumer issues, including consumers' right to
privacy.
  S 5. The secretary of state and the director of the office of informa-
tion technology services or their designees shall serve as joint  chair-
persons of the task force.
  S  6.  The  task  force may consult with any organization, educational
institution, governmental agency, or person.
  S 7. The members of the task force shall serve  without  compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S  8.  The  secretary  of state shall provide the task force with such
facilities, assistance, and data as will enable the task force to  carry
out  its powers and duties. Additionally, all other departments or agen-
cies of the state or subdivisions thereof shall, at the request  of  the
chairpersons,  provide  the task force with such facilities, assistance,
and data as will enable the task force  to  carry  out  its  powers  and
duties.
  S 9. This act shall take effect immediately.

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Senate Bill S761A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2015-S761 - Details

2015-S761 - Summary

2015-S761 - Sponsor Memo

2015-S761 - Bill Text download pdf

2015-S761A (ACTIVE) - Details

2015-S761A (ACTIVE) - Summary

2015-S761A (ACTIVE) - Sponsor Memo

2015-S761A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S761A

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2015-S761 - Details

2015-S761 - Summary

2015-S761 - Sponsor Memo

2015-S761 - Bill Text download pdf

2015-S761A (ACTIVE) - Details

2015-S761A (ACTIVE) - Summary

2015-S761A (ACTIVE) - Sponsor Memo

2015-S761A (ACTIVE) - Bill Text download pdf

Comments