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Senate Bill S8311

2019-2020 Legislative Session

Relates to banning the use of facial recognition technology in the tracking of the coronavirus (COVID-19)

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Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

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2019-S8311 (ACTIVE) - Details

Current Committee:
Senate Internet And Technology
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L

2019-S8311 (ACTIVE) - Summary

Bans the use of facial recognition technology in the tracking of the coronavirus (COVID-19).

2019-S8311 (ACTIVE) - Sponsor Memo

2019-S8311 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8311
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the civil rights law, in relation to banning the use  of
   facial  recognition  technology  in  the  tracking  of the coronavirus
   (COVID-19)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 52-c to read as follows:
   § 52-C. USE OF FACIAL RECOGNITION TECHNOLOGY TO TRACK COVID-19 PROHIB-
 ITED. 1. IT IS UNLAWFUL FOR ANY PERSON OR ANY STATE AGENCY,  DEPARTMENT,
 OR OFFICE TO OBTAIN, RETAIN, ACCESS OR USE FACIAL RECOGNITION TECHNOLOGY
 TO  TRACK  PERSONS  INFECTED  WITH  OR  EXPOSED TO THE NOVEL CORONAVIRUS
 (COVID-19).
   2. FOR THE PURPOSES OF THIS SECTION, "FACIAL  RECOGNITION  TECHNOLOGY"
 MEANS THE AUTOMATED OR SEMI-AUTOMATED PROCESS BY WHICH A PERSON IS IDEN-
 TIFIED  OR  ATTEMPTED  TO  BE IDENTIFIED BASED ON THE CHARACTERISTICS OF
 THEIR FACE, INCLUDING IDENTIFICATION OF KNOWN OR UNKNOWN INDIVIDUALS  OR
 GROUPS.
   3. WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
 TO  ENJOIN  AND  RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
 SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR  JUSTICE,  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY  MAKE
 ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
 DETERMINE  THAT  A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE  THAN  FIVE  THOUSAND  DOLLARS.    IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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