senate Bill S7572

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

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 03, 2020 committee discharged and committed to internet and technology
Jan 27, 2020 referred to finance

S7572 (ACTIVE) - Details

See Assembly Version of this Bill:
A9767
Current Committee:
Senate Internet And Technology
Law Section:
Executive Law
Laws Affected:
Add §§837-u & 234, Exec L

S7572 (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.

S7572 (ACTIVE) - Sponsor Memo

S7572 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7572

                            I N  S E N A T E

                            January 27, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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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