S T A T E O F N E W Y O R K
________________________________________________________________________
1692
2019-2020 Regular Sessions
I N A S S E M B L Y
January 16, 2019
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Governmental Operations
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.
ยง 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.
LBD05260-01-9