S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5233
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, ROSENTHAL, KAVANAGH, JAFFEE, ENGLE-
   BRIGHT -- Multi-Sponsored by -- M. of A.  FARRELL  --  read  once  and
   referred to the Committee on Consumer Affairs and Protection
 
 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.
   §  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.
              

                                                            LBD03181-01-7

 A. 5233                             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.
   § 3. The task force shall issue its findings, in the form of a report,
 no later than November 30, 2018.
   §  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.

 A. 5233                             3

   § 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.
   §  6.  The  task  force may consult with any organization, educational
 institution, governmental agency, or person.
   § 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.
   §  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.
   § 9. This act shall take effect immediately.