Assembly Bill A10913

2019-2020 Legislative Session

Relates to prohibiting facial recognition technology to be used in connection with an officer camera

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A10913 (ACTIVE) - Details

See Senate Version of this Bill:
S6776
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §§837-u & 234, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1601, S1076
2023-2024: A3712, S3226

2019-A10913 (ACTIVE) - Summary

Prohibits facial recognition technology to be used in connection with an officer camera used by both local and state police including the storage of biometric data.

2019-A10913 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10913
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  prohibiting  facial
   recognition  technology  to  be  used  in  connection  with an officer
   camera; and providing for the repeal of such provisions  upon  expira-
   tion thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-u
 to read as follows:
   §  837-U.  USE  OF  FACIAL  RECOGNITION  IN CONNECTION WITH AN OFFICER
 CAMERA PROHIBITED. 1.  DEFINITIONS. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BIOMETRIC  DATA" MEANS A PHYSIOLOGICAL, BIOLOGICAL OR BEHAVIORAL
 CHARACTERISTIC THAT CAN BE USED, SINGLY  OR  IN  COMBINATION  WITH  EACH
 OTHER OR WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY.
   (B)  (I)  "FACIAL  RECOGNITION  OR OTHER BIOMETRIC SURVEILLANCE" MEANS
 EITHER OF THE FOLLOWING, ALONE OR IN COMBINATION:
   (1) AN AUTOMATED OR SEMI-AUTOMATED PROCESS BY WHICH A PERSON IS  IDEN-
 TIFIED  OR  ATTEMPTED  TO  BE IDENTIFIED BASED ON THE CHARACTERISTICS OF
 THEIR FACE OR BASED ON THEIR BIOMETRIC DATA, INCLUDING IDENTIFICATION OF
 KNOWN OR UNKNOWN INDIVIDUALS OR GROUPS; AND/OR
   (2) AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT GENERATES, OR  ASSISTS
 IN GENERATING, SURVEILLANCE INFORMATION ABOUT AN INDIVIDUAL BASED ON THE
 CHARACTERISTICS OF AN INDIVIDUAL'S FACE OR BASED ON BIOMETRIC DATA.
   (II)  "FACIAL  RECOGNITION  OR OTHER BIOMETRIC SURVEILLANCE" SHALL NOT
 INCLUDE THE USE OF  AN  AUTOMATED  OR  SEMI-AUTOMATED  PROCESS  FOR  THE
 PURPOSE  OF  REDACTING  A  RECORDING FOR RELEASE OR DISCLOSURE OUTSIDE A
 POLICE AGENCY TO PROTECT THE  PRIVACY  OF  A  SUBJECT  DEPICTED  IN  THE
 RECORDING,  IF  THE PROCESS DOES NOT GENERATE OR RESULT IN THE RETENTION
 OF ANY BIOMETRIC DATA OR SURVEILLANCE INFORMATION.
   (C) "FACIAL RECOGNITION OR BIOMETRIC SURVEILLANCE  SYSTEM"  MEANS  ANY
 COMPUTER  SOFTWARE  OR  APPLICATION  THAT PERFORMS FACIAL RECOGNITION OR
 OTHER BIOMETRIC SURVEILLANCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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