BILL NUMBER: S2308

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general city law, in relation to electronic entry
cards which register personal identifying information

 
PURPOSE:

To require a resident's voluntary consent prior to the use of electronic
entry key cards or devices which trace identifying information in resi-
dential buildings.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the general city law by adding a new
section 18-e which prohibits, unless affirmatively consented to by a
resident in writing, the use of electronic entry cards which record
identifying information as a means of access to a residential building
or apartment. Identifying information includes, but is not limited to,
              

photographs, names, addresses, the apartment number, and the time of
entrance or exit. Section one also prevents such consent from being
included as a lease term and makes clear that such consent may not be
required for occupancy.

Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

Landlords are increasingly using electronic key cards or devices as a
means of controlling access to residential buildings. Such key cards or
devices can record personal identifying information about a tenant, such
as the tenant's comings and goings and that of their guests. Under
current law, there is no requirement that a tenant consent to this prac-
tice when a landlord decides to implement such a system.

We live in a world where private companies are increasingly monitoring
our private behavior and collecting and storing data for their use or to
be sold to or shared with others. The disclosure of personal information
regarding when residents enter or exit their homes, and the comings and
goings of their private guests, should not be subject to this kind of
intrusive monitoring and therefore should not be required for residency.
Instead, landlords that would like to utilize this technology should be
required to obtain the written consent of any resident who will be
affected.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:



Prohibits landlords from requiring an electronic key card, which
contains personal information, for entry or exit of a building without a
tenant's written consent.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2018: S7152 - REFERRED TO CITIES

2017: A1812 - stricken

2016: A5928A - referred to cities

2015: A5928A - referred to cities

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