S T A T E O F N E W Y O R K
________________________________________________________________________
8439
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. DINOWITZ, KAVANAGH, JAFFEE, ROSENTHAL -- Multi-
Sponsored by -- M. of A. BOYLAND, 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.
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.
LBD00365-04-1
A. 8439 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, 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-
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.
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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.