Assembly Bill A9767

2019-2020 Legislative Session

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; and provides for the expiration and repeal of certain provisions

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-A9767 (ACTIVE) - Details

See Senate Version of this Bill:
S7572
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: A5492, S79
2023-2024: A1891, S1609

2019-A9767 (ACTIVE) - Summary

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; and provides for the expiration and repeal of certain provisions.

2019-A9767 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9767
 
                           I N  A S S E M B L Y
 
                             February 11, 2020
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting the use of
   biometric surveillance technology by law enforcement; establishing the
   biometric surveillance regulation task force; and  providing  for  the
   repeal of certain provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares  the
 following:
   (a)  The  use  of  biometric  surveillance technology has been largely
 unregulated by all levels of government in the United  States  to  date,
 allowing  its  unfettered  use  by private entities, government, and law
 enforcement with little to no requirements or restrictions  relating  to
 use, data retention, privacy protections, and use of information derived
 from  such  systems in law enforcement investigations. In New York, this
 lack of regulation and oversight has led to concerning practices by  law
 enforcement,  such  as  including  sealed  mugshots and arrest photos of
 juveniles in facial recognition databases and running photos of celebri-
 ty lookalikes through facial recognition software to attempt to identify
 potential suspects.
   (b) Studies of currently available biometric  surveillance  technology
 demonstrate  that  such  technology's  consistency and accuracy can vary
 widely based on age, gender, sex, race, and other factors, and has  been
 found  to  be  particularly inaccurate when used on women, young people,
 and people of color.
   (c) These accuracy concerns are particularly troubling in the  context
 of  this technology's ongoing and increasing use by law enforcement. New
 York's law enforcement should not rely on  technology  that  has  demon-
 strated  accuracy issues, as such practice risks the wrongful targeting,
 interrogation, detention, or even conviction of an innocent person based
 on erroneous data.
   (d) The largest U.S. supplier of  police  body  cameras  has  publicly
 stated  that  this  technology  "is  not  currently  reliable  enough to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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