Assembly Bill A1601

2021-2022 Legislative Session

Relates to prohibiting facial recognition technology to be used in connection with an officer camera

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2021-A1601 (ACTIVE) - Details

See Senate Version of this Bill:
S1076
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §§837-w & 235, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10913, S6776
2023-2024: A3712, S3226

2021-A1601 (ACTIVE) - Summary

Prohibits facial recognition technology to be used in connection with an officer camera used by both local and state police including the storage of biometric data.

2021-A1601 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1601
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  prohibiting  facial
   recognition  technology  to  be  used  in  connection  with an officer
   camera; and providing for the repeal of such provisions  upon  expira-
   tion thereof

   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  837-w
 to read as follows:
   §  837-W.  USE  OF  FACIAL  RECOGNITION  IN CONNECTION WITH AN OFFICER
 CAMERA PROHIBITED. 1.  DEFINITIONS. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BIOMETRIC  DATA" MEANS A PHYSIOLOGICAL, BIOLOGICAL OR BEHAVIORAL
 CHARACTERISTIC THAT CAN BE USED, SINGLY  OR  IN  COMBINATION  WITH  EACH
 OTHER OR WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY.
   (B)  (I)  "FACIAL  RECOGNITION  OR OTHER BIOMETRIC SURVEILLANCE" MEANS
 EITHER OF THE FOLLOWING, ALONE OR IN COMBINATION:
   (1) AN AUTOMATED OR SEMI-AUTOMATED PROCESS BY WHICH A PERSON IS  IDEN-
 TIFIED  OR  ATTEMPTED  TO  BE IDENTIFIED BASED ON THE CHARACTERISTICS OF
 THEIR FACE OR BASED ON THEIR BIOMETRIC DATA, INCLUDING IDENTIFICATION OF
 KNOWN OR UNKNOWN INDIVIDUALS OR GROUPS; AND/OR
   (2) AN AUTOMATED OR SEMI-AUTOMATED PROCESS THAT GENERATES, OR  ASSISTS
 IN GENERATING, SURVEILLANCE INFORMATION ABOUT AN INDIVIDUAL BASED ON THE
 CHARACTERISTICS OF AN INDIVIDUAL'S FACE OR BASED ON BIOMETRIC DATA.
   (II)  "FACIAL  RECOGNITION  OR OTHER BIOMETRIC SURVEILLANCE" SHALL NOT
 INCLUDE THE USE OF  AN  AUTOMATED  OR  SEMI-AUTOMATED  PROCESS  FOR  THE
 PURPOSE  OF  REDACTING  A  RECORDING FOR RELEASE OR DISCLOSURE OUTSIDE A
 POLICE AGENCY TO PROTECT THE  PRIVACY  OF  A  SUBJECT  DEPICTED  IN  THE
 RECORDING,  IF  THE PROCESS DOES NOT GENERATE OR RESULT IN THE RETENTION
 OF ANY BIOMETRIC DATA OR SURVEILLANCE INFORMATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.