senate Bill S8547

2017-2018 Legislative Session

Establishes the biometric privacy act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2018 referred to consumer protection

Co-Sponsors

S8547 (ACTIVE) - Details

See Assembly Version of this Bill:
A9793
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 32-A §§676 - 676-d, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S1203, A1911

S8547 (ACTIVE) - Summary

Establishes the biometric privacy act; requires private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entity, whichever occurs first.

S8547 (ACTIVE) - Sponsor Memo

S8547 (ACTIVE) - Bill Text download pdf


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

                                  8547

                            I N  S E N A T E

                               May 9, 2018
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general  business  law,  in  relation  to  biometric
  privacy

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

  Section 1. The general business law is amended by adding a new article
32-A to read as follows:
                              ARTICLE 32-A
                          BIOMETRIC PRIVACY ACT
SECTION 676. SHORT TITLE.
        676-A. DEFINITIONS.
        676-B. RETENTION; COLLECTION; DISCLOSURE; DESTRUCTION.
        676-C. RIGHT OF ACTION.
        676-D. CONSTRUCTION WITH OTHER LAWS.
  § 676. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "BIOMETRIC PRIVACY ACT".
  § 676-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "BIOMETRIC IDENTIFI-
ER"  MEANS  A  RETINA  OR IRIS SCAN, FINGERPRINT, VOICEPRINT, OR SCAN OF
HAND OR FACE GEOMETRY. BIOMETRIC IDENTIFIERS SHALL NOT  INCLUDE  WRITING
SAMPLES,  WRITTEN SIGNATURES, PHOTOGRAPHS, HUMAN BIOLOGICAL SAMPLES USED
FOR VALID SCIENTIFIC TESTING  OR  SCREENING,  DEMOGRAPHIC  DATA,  TATTOO
DESCRIPTIONS,  OR  PHYSICAL  DESCRIPTIONS  SUCH  AS HEIGHT, WEIGHT, HAIR
COLOR, OR EYE COLOR. BIOMETRIC IDENTIFIERS  SHALL  NOT  INCLUDE  DONATED
BODY  PARTS  AS  DEFINED  IN  SECTION  FORTY-THREE HUNDRED OF THE PUBLIC
HEALTH LAW OR BLOOD OR SERUM STORED ON BEHALF OF RECIPIENTS OR POTENTIAL
RECIPIENTS OF LIVING OR CADAVERIC TRANSPLANTS AND OBTAINED OR STORED  BY
A  FEDERALLY  DESIGNATED ORGAN PROCUREMENT AGENCY. BIOMETRIC IDENTIFIERS
DO NOT INCLUDE INFORMATION CAPTURED FROM A  PATIENT  IN  A  HEALTH  CARE
SETTING OR INFORMATION COLLECTED, USED, OR STORED FOR HEALTH CARE TREAT-
MENT,  PAYMENT,  OR OPERATIONS UNDER THE FEDERAL HEALTH INSURANCE PORTA-
BILITY AND ACCOUNTABILITY ACT OF  1996.  BIOMETRIC  IDENTIFIERS  DO  NOT
INCLUDE  AN X-RAY, ROENTGEN PROCESS, COMPUTED TOMOGRAPHY, MAGNETIC RESO-
NANCE IMAGING, POSITRON-EMISSION TOMOGRAPHY SCAN, MAMMOGRAPHY, OR  OTHER

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

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