Senate Bill S1821

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

                                  1821

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen.  PARKER -- 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
optical bar code scanning, radio frequency identification,  smart  card,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00365-01-1
              

S. 1821                             2

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 chairperson of  the  consumer  protection  board,  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 elev-
en, 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  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 advocating 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  businesses.  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 president of the  senate  shall
be  a  member,  officer,  or  employee  of a statewide trade association
representing the grocery industry. One of the appointments of the tempo-
rary 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 frequency 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. 1821                             3

  S 5. The chairperson of the consumer protection board and the director
of  the  office  for  technology 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 consumer protection board 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
agencies of the state or subdivisions thereof shall, at the  request  of
the  chairpersons,  provide the task force with such facilities, assist-
ance, and data as will enable the task force to carry out its powers and
duties.
  S 9. This act shall take effect immediately.