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

                                 1032--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PHEFFER, DESTITO, KAVANAGH, JAFFEE, ROSENTHAL --
  Multi-Sponsored by -- M. of A.  BOYLAND,  FARRELL  --  read  once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  reported and referred to the Committee on Ways and Means --  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.
                                                           LBD00365-02-1
              

A. 1032--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, 2013.
  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  for technology, 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 minority 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 advo-
cacy 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-

A. 1032--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  for  tech-
nology  or their designees shall serve as joint chairpersons 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.