Assembly Actions -
Senate Actions - UPPERCASE
|Apr 29, 2022||
referred to governmental operations
Assembly Bill A10036
2021-2022 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-A10036 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Executive Law
- Laws Affected:
- Add §§170-f, 235 & 837-x, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
2021-A10036 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10036 I N A S S E M B L Y April 29, 2022 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to banning the use of biometric data by certain state agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 170-f to read as follows: § 170-F. USE OF BIOMETRIC RECOGNITION TECHNOLOGY PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: (A) "BIOMETRIC DATA" SHALL MEAN ANY MEASURABLE PHYSIOLOGICAL, BIOLOG- ICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON, INCLUDING FACIAL CHARACTERISTICS, FINGERPRINT CHARACTERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, GENETIC CHARACTERISTICS, VOCAL CHARACTERISTICS OR THERMAL CHARACTERISTICS THAT CAN BE USED, EITHER SINGULARLY OR IN COMBINATION WITH EACH OTHER OR CAN BE PAIRED OR COMBINED WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY. (B) "BIOMETRIC RECOGNITION TECHNOLOGY" SHALL MEAN EITHER OR BOTH (I) ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES BY WHICH A PERSON IS IDENTIFIED OR ATTEMPTED TO BE IDENTIFIED BASED ON THEIR BIOMETRIC DATA, INCLUDING IDENTIFICATION OF KNOWN OR UNKNOWN INDIVIDUALS OR GROUPS; AND/OR (II) ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES THAT GENERATES OR ASSISTS IN GENERATING, INFORMATION ABOUT ANY INDIVID- UAL BASED ON THEIR BIOMETRIC DATA, INCLUDING BUT NOT LIMITED TO EMOTION, AFFECT, OR BEHAVIOR DETECTION. (C) "EQUITY IMPACT ASSESSMENT" SHALL MEAN AN AUDIT AND REPORT ADDRESS- ING, AT A MINIMUM, THE FOLLOWING: (I) EVALUATION OF POTENTIAL BENEFITS, HARMS, AND IMPACTS ON PERSONS OR GROUPS OF PERSONS WHO ARE PROTECTED FROM DISCRIMINATION AS SET FORTH IN ARTICLE FIFTEEN OF THIS CHAPTER, INCLUDING SPECIFIC CONSIDERATIONS BASED ON A PERSON'S ETHNIC AND RACIAL BACKGROUND. SUCH EVALUATION SHALL ALSO INCLUDE, ALTHOUGH NOT BE LIMITED TO THE DISPROPORTIONATE COLLECTION AND USE OF SUCH TECHNOLOGY ON ETHNIC AND RACIAL MINORITIES IN NEW YORK EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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