The New York State Senate

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

                                  11332

                          I N  A S S E M B L Y

                           September 19, 2018
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Abinanti,
  Colton, Raia, Davila, Montesano,  Galef,  Mosley)  --  read  once  and
  referred to the Committee on Governmental Operations

AN  ACT  to  prohibit  the  state,  state  agencies  and departments and
  contractors doing business with the state, its agencies or departments
  from retaining facial recognition images or sharing such  images  with
  third parties without legal authorization by a court

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

  Section 1. Notwithstanding any law, rule or regulation to the  contra-
ry, in the absence of legal authorization issued by a court of competent
jurisdiction,  the state, state agencies and departments and contractors
engaged in business with the state,  its  agencies  or  departments  are
prohibited from utilizing any record management system or plan:
  a.  as  a  repository  of,  storage  system for, or a means of sharing
facial recognition functionality; and
  b. as a repository or storage system for aggregate License Plate Read-
er (LPR) data records, aggregate audio surveillance  recordings,  aggre-
gate video surveillance images, or aggregate driver license photographs;
provided  that nothing in this section shall prevent an authorized state
agency or department from  storing  in  a  record  management  system  a
specifically-identified license plate reader data record, audio surveil-
lance  record,  video  surveillance  record,  driver  license photograph
record that was lawfully obtained as part of a specific criminal  inves-
tigation; nor shall anything in this section prevent the sharing through
a  record  management  system  of such a specifically-identified license
plate reader  record,  audio  surveillance  record,  video  surveillance
record  or  driver license photograph record that may lawfully be shared
under the laws of the State of New York.
  § 2. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall have become a law. Effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized to be made on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16447-01-8