|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 09, 2018||referred to consumer protection|
senate Bill S8547
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8547 (ACTIVE) - Details
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,
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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