NY State Senate Bill S8547

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

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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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 Other Legislative Sessions:: 2019-2020: S1203, A1911
2021-2022: S1933, A27
2023-2024: A1362

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

 
BILL NUMBER: S8547

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to biometric
privacy

 
PURPOSE:

The purpose of this legislation is to provide safeguards for consumers'
biometric information

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law in relation to biometric
privacy by adding a new article 32-A, creating the "Biometric Privacy
Act." § 676-a defines terms used in the bill. § 676-b states that an
entity in possession of biometric identifiers or biometric information
must develop a written policy made available to the public. No entity
may collect, capture, purchase, or trade the biometrics of a person,

unless the entity informs the subject person through writing and
receives a legal written consent from the person.  An entity in
possession of a biometric identifier or information shall store, trans-
mit and protect from disclosure in a safe manner.  The entity may not
sell or profit from this information. § 676-c includes the right of
action to any individual aggrieved by a violation of this article. §
676-d states that nothing in this article shall be construed to impact
the admission or discovery of biometric identifiers and biometric infor-
mation in any court action.

Section 2 provides the effective date.

 
JUSTIFICATION:

As technology continues to improve and makes the collection of biometric
information easier, the risk that this information could be exploited
and used for illegal purposes also grows. In enacting similar legis-
lation, the Illinois legislature wrote in 2008, "Biometrics are unlike
other unique identifiers that are used to access finances or other
sensitive information. For example, social security numbers, when
compromised, can be changed. Biometrics, however, are biologically
unique to the individual; therefore, once compromised, the individual
has no recourse and is at heightened risk for identity theft."

Many companies have collected this information without notifying indi-
viduals as to how their personal information will be used. Every time an
individual uploads a photograph with facial recognition, unlocks their
phone with their fingerprints, or uses a retinal scanner, the company to
whom that information is sent has virtually unchecked and unlimited
ability to do with it whatever they please.  Not only could this infor-
mation be stolen, the company could simply just sell it to the highest
bidder. This presents both a security concern and a privacy concern.

It is important to note that this legislation does not prevent the use
of biometric information; it simply requires that companies notify indi-
viduals that they will be collecting this data, create a plan to destroy
it when it is no longer being used for its original purpose, and do not
sell it to third parties.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

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

                      [ ] is old law to be omitted.
                                                           LBD14465-02-8

S. 8547                             2

IMAGE  OR FILM OF THE HUMAN ANATOMY USED TO DIAGNOSE, PROGNOSE, OR TREAT
AN ILLNESS OR OTHER MEDICAL CONDITION OR TO FURTHER VALIDATE  SCIENTIFIC
TESTING OR SCREENING.
  2. "BIOMETRIC INFORMATION" MEANS ANY INFORMATION, REGARDLESS OF HOW IT
IS  CAPTURED,  CONVERTED,  STORED,  OR  SHARED, BASED ON AN INDIVIDUAL'S
BIOMETRIC IDENTIFIER USED TO IDENTIFY AN INDIVIDUAL. BIOMETRIC  INFORMA-
TION  SHALL  NOT  INCLUDE  INFORMATION  DERIVED FROM ITEMS OR PROCEDURES
EXCLUDED UNDER THE DEFINITION OF BIOMETRIC IDENTIFIERS.
  3. "CONFIDENTIAL AND SENSITIVE INFORMATION" MEANS PERSONAL INFORMATION
THAT CAN BE USED TO UNIQUELY IDENTIFY AN INDIVIDUAL OR  AN  INDIVIDUAL'S
ACCOUNT  OR PROPERTY WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A
GENETIC MARKER, GENETIC TESTING INFORMATION, A UNIQUE IDENTIFIER  NUMBER
TO  LOCATE  AN  ACCOUNT OR PROPERTY, AN ACCOUNT NUMBER, A PERSONAL IDEN-
TIFICATION NUMBER, A PASS CODE, A DRIVER'S LICENSE NUMBER, OR  A  SOCIAL
SECURITY NUMBER.
  4.  "PRIVATE  ENTITY"  MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION,
LIMITED LIABILITY COMPANY, ASSOCIATION, OR OTHER GROUP,  HOWEVER  ORGAN-
IZED.  A  PRIVATE  ENTITY  SHALL NOT INCLUDE A STATE OR LOCAL GOVERNMENT
AGENCY OR ANY COURT IN THE STATE, A CLERK OF THE COURT, OR  A  JUDGE  OR
JUSTICE THEREOF.
  5. "WRITTEN RELEASE" MEANS INFORMED WRITTEN CONSENT OR, IN THE CONTEXT
OF  EMPLOYMENT,  A  RELEASE  EXECUTED  BY  AN EMPLOYEE AS A CONDITION OF
EMPLOYMENT.
  § 676-B. RETENTION; COLLECTION; DISCLOSURE; DESTRUCTION. 1. A  PRIVATE
ENTITY  IN  POSSESSION OF BIOMETRIC IDENTIFIERS OR BIOMETRIC INFORMATION
MUST DEVELOP A WRITTEN POLICY, MADE AVAILABLE TO THE PUBLIC,  ESTABLISH-
ING A RETENTION SCHEDULE AND GUIDELINES FOR PERMANENTLY DESTROYING BIOM-
ETRIC IDENTIFIERS AND BIOMETRIC INFORMATION WHEN THE INITIAL PURPOSE FOR
COLLECTING  OR OBTAINING SUCH IDENTIFIERS OR INFORMATION HAS BEEN SATIS-
FIED OR WITHIN THREE YEARS OF THE INDIVIDUAL'S LAST INTERACTION WITH THE
PRIVATE ENTITY, WHICHEVER  OCCURS  FIRST.  ABSENT  A  VALID  WARRANT  OR
SUBPOENA  ISSUED  BY A COURT OF COMPETENT JURISDICTION, A PRIVATE ENTITY
IN POSSESSION OF BIOMETRIC IDENTIFIERS  OR  BIOMETRIC  INFORMATION  MUST
COMPLY  WITH  ITS  ESTABLISHED RETENTION SCHEDULE AND DESTRUCTION GUIDE-
LINES.
  2. NO PRIVATE ENTITY MAY COLLECT, CAPTURE, PURCHASE,  RECEIVE  THROUGH
TRADE,  OR OTHERWISE OBTAIN A PERSON'S OR A CUSTOMER'S BIOMETRIC IDENTI-
FIER OR BIOMETRIC INFORMATION, UNLESS IT FIRST:
  (A) INFORMS THE SUBJECT OR THE SUBJECT'S LEGALLY AUTHORIZED  REPRESEN-
TATIVE  IN  WRITING THAT A BIOMETRIC IDENTIFIER OR BIOMETRIC INFORMATION
IS BEING COLLECTED OR STORED;
  (B) INFORMS THE SUBJECT OR THE SUBJECT'S LEGALLY AUTHORIZED  REPRESEN-
TATIVE IN WRITING OF THE SPECIFIC PURPOSE AND LENGTH OF TERM FOR WHICH A
BIOMETRIC  IDENTIFIER  OR  BIOMETRIC  INFORMATION  IS  BEING  COLLECTED,
STORED, AND USED; AND
  (C) RECEIVES A WRITTEN RELEASE EXECUTED BY THE SUBJECT OF  THE  BIOME-
TRIC  IDENTIFIER  OR  BIOMETRIC  INFORMATION  OR  THE  SUBJECT'S LEGALLY
AUTHORIZED REPRESENTATIVE.
  3. NO PRIVATE ENTITY IN POSSESSION OF A BIOMETRIC IDENTIFIER OR BIOME-
TRIC INFORMATION MAY SELL, LEASE, TRADE,  OR  OTHERWISE  PROFIT  FROM  A
PERSON'S OR A CUSTOMER'S BIOMETRIC IDENTIFIER OR BIOMETRIC INFORMATION.
  4. NO PRIVATE ENTITY IN POSSESSION OF A BIOMETRIC IDENTIFIER OR BIOME-
TRIC  INFORMATION  MAY  DISCLOSE, REDISCLOSE, OR OTHERWISE DISSEMINATE A
PERSON'S OR A CUSTOMER'S BIOMETRIC IDENTIFIER OR  BIOMETRIC  INFORMATION
UNLESS:

S. 8547                             3

  (A)  THE  SUBJECT OF THE BIOMETRIC IDENTIFIER OR BIOMETRIC INFORMATION
OR THE SUBJECT'S  LEGALLY  AUTHORIZED  REPRESENTATIVE  CONSENTS  TO  THE
DISCLOSURE OR REDISCLOSURE;
  (B)  THE  DISCLOSURE OR REDISCLSOURE COMPLETES A FINANCIAL TRANSACTION
REQUESTED OR AUTHORIZED BY THE SUBJECT OF THE  BIOMETRIC  IDENTIFIER  OR
THE  BIOMETRIC INFORMATION OR THE SUBJECT'S LEGALLY AUTHORIZED REPRESEN-
TATIVE;
  (C) THE DISCLOSURE OR REDISCLOSURE IS REQUIRED BY  FEDERAL,  STATE  OR
LOCAL LAW OR MUNICIPAL ORDINANCE; OR
  (D) THE DISCLOSURE IS REQUIRED PURSUANT TO A VALID WARRANT OR SUBPOENA
ISSUED BY A COURT OF COMPETENT JURISDICTION.
  5.  A PRIVATE ENTITY IN POSSESSION OF A BIOMETRIC IDENTIFIER OR BIOME-
TRIC INFORMATION SHALL:
  (A) STORE, TRANSMIT, AND PROTECT FROM DISCLOSURE ALL BIOMETRIC IDENTI-
FIERS AND BIOMETRIC INFORMATION USING THE REASONABLE  STANDARD  OF  CARE
WITHIN THE PRIVATE ENTITY'S INDUSTRY; AND
  (B) STORE, TRANSMIT, AND PROTECT FROM DISCLOSURE ALL BIOMETRIC IDENTI-
FIERS  AND BIOMETRIC INFORMATION IN A MANNER THAT IS THE SAME AS OR MORE
PROTECTIVE THAN THE MANNER IN WHICH THE PRIVATE  ENTITY  STORES,  TRANS-
MITS, AND PROTECTS OTHER CONFIDENTIAL AND SENSITIVE INFORMATION.
  §  676-C. RIGHT OF ACTION. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS
ARTICLE SHALL HAVE A RIGHT OF ACTION IN SUPREME COURT AGAINST AN OFFEND-
ING PARTY. A PREVAILING PARTY MAY RECOVER FOR EACH VIOLATION:
  1. AGAINST A PRIVATE ENTITY THAT NEGLIGENTLY VIOLATES A  PROVISION  OF
THIS  ARTICLE,  LIQUIDATED  DAMAGES  OF  ONE  THOUSAND DOLLARS OR ACTUAL
DAMAGES, WHICHEVER IS GREATER;
  2. AGAINST A PRIVATE ENTITY THAT INTENTIONALLY OR RECKLESSLY  VIOLATES
A PROVISION OF THIS ARTICLE, LIQUIDATED DAMAGES OF FIVE THOUSAND DOLLARS
OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
  3. REASONABLE ATTORNEYS' FEES AND COSTS, INCLUDING EXPERT WITNESS FEES
AND OTHER LITIGATION EXPENSES; AND
  4. OTHER RELIEF, INCLUDING AN INJUNCTION, AS THE COURT MAY DEEM APPRO-
PRIATE.
  §  676-D.  CONSTRUCTION  WITH  OTHER  LAWS. 1. NOTHING IN THIS ARTICLE
SHALL BE CONSTRUED TO IMPACT THE ADMISSION  OR  DISCOVERY  OF  BIOMETRIC
IDENTIFIERS  AND  BIOMETRIC INFORMATION IN ANY ACTION OF ANY KIND IN ANY
COURT, OR BEFORE ANY TRIBUNAL, BOARD, AGENCY, OR PERSON.
  2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED  TO  CONFLICT  WITH  THE
FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.
  3.  NOTHING IN THE ARTICLE SHALL BE DEEMED TO APPLY IN ANY MANNER TO A
FINANCIAL INSTITUTION OR AN AFFILIATE OF A FINANCIAL INSTITUTION THAT IS
SUBJECT TO TITLE V OF THE FEDERAL GRAMM-LEACH-BLILEY ACT OF 1999.
  4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO APPLY TO  A  CONTRAC-
TOR,  SUBCONTRACTOR, OR AGENT OF A STATE AGENCY OF LOCAL GOVERNMENT WHEN
WORKING FOR THAT STATE AGENCY OF LOCAL GOVERNMENT.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S8547

Sponsored By

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

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Co-Sponsors

S8547 (ACTIVE) - Details

S8547 (ACTIVE) - Summary

S8547 (ACTIVE) - Sponsor Memo

S8547 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8547

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Sponsored By

Patty Ritchie

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

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Co-Sponsors

Martin J. Golden

S8547 (ACTIVE) - Details

S8547 (ACTIVE) - Summary

S8547 (ACTIVE) - Sponsor Memo

S8547 (ACTIVE) - Bill Text download pdf

Comments