NY State Senate Bill 2017-S9172

Senate Bill S9172

2017-2018 Legislative Session

Prohibits the state, state agencies and departments and contractors doing business with the state, its agencies or departments from retaining facial recognition images

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 05, 2018	referred to rules

2017-S9172 (ACTIVE) - Details

See Assembly Version of this Bill:: A11332
Current Committee:: Senate Rules
Law Section:: State Technology
Versions Introduced in Other Legislative Sessions:: 2019-2020: A1692
2021-2022: A4916

2017-S9172 (ACTIVE) - Summary

Prohibits 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.

2017-S9172 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9172

SPONSOR: CARLUCCI
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prevent the invasion of privacy and moni-
toring of individuals by the government with pictures obtained by
facial-recognition, license plate readers and other technology, unless
legally authorized to do so.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides that notwithstanding any law, rule or
regulation to the contrary, in the absence of legal authorization by a

court of competent jurisdiction, the state, state agencies and depart-
ments 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 or storage system for, or means of sharing facial
recognition functionality; and

b. as a repository or storage system for aggregate License Plate Reader
data records, audio surveillance recordings, video surveillance images,
or driver license photographs.

This section shall not prevent an authorized state agency or department
from storing in a record management system a specifically-identified
record that was lawfully obtained as part of a specific criminal inves-
tigation; nor shall anything in this section prevent the sharing of such
record that may be lawfully shared under the laws of the State of New
York.

Section 2 is the effective date.

 
JUSTIFICATION:

Facial recognition systems, license plate readers and other surveillance
systems continue to grow in use by state government. This legislation
will ensure that the information obtained by this technology is not
permanently stored or shared unless authorized by law. This will help
prevent the unwarranted invasion of privacy and surveillance by the
government of ordinary, everyday citizens of this state.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect the first of January next succeeding the date
upon which it shall have become law. Effective immediately, the addi-
tion, 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.

2017-S9172 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9172
 
                             I N  S E N A T E
 
                              October 5, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

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