assembly Bill A27

2021-2022 Legislative Session

Establishes the biometric privacy act

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to consumer affairs and protection

Co-Sponsors

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A27 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add Art 32-A §§676 - 676-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9793
2019-2020: A1911

A27 (ACTIVE) - Summary

Establishes the biometric privacy act; requires private entities in possession of biometric identifiers or biometric information to develop a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entity, whichever occurs first.

A27 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    27
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GUNTHER, VANEL, EPSTEIN, GOTTFRIED, REYES, ENGLE-
   BRIGHT,  BARRON,  SAYEGH,  COOK,  ZEBROWSKI, CRUZ, J. RIVERA, HYNDMAN,
   NIOU, GLICK, FERNANDEZ, DICKENS, SCHMITT, SMULLEN, J. M. GIGLIO, McDO-
   NOUGH, BLANKENBUSH, ASHBY, MONTESANO -- read once and referred to  the
   Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to biometric
   privacy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 32-A to read as follows:
                               ARTICLE 32-A
                           BIOMETRIC PRIVACY ACT
 SECTION 676. SHORT TITLE.
         676-A. DEFINITIONS.
         676-B. RETENTION; COLLECTION; DISCLOSURE; DESTRUCTION.
         676-C. RIGHT OF ACTION.
         676-D. CONSTRUCTION WITH OTHER LAWS.
   §  676.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "BIOMETRIC PRIVACY ACT".
   § 676-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "BIOMETRIC IDENTIFI-
 ER" MEANS A RETINA OR IRIS SCAN, FINGERPRINT,  VOICEPRINT,  OR  SCAN  OF
 HAND  OR  FACE GEOMETRY. BIOMETRIC IDENTIFIERS SHALL NOT INCLUDE WRITING
 SAMPLES, WRITTEN SIGNATURES, PHOTOGRAPHS, HUMAN BIOLOGICAL SAMPLES  USED
 FOR  VALID  SCIENTIFIC  TESTING  OR  SCREENING, DEMOGRAPHIC DATA, TATTOO
 DESCRIPTIONS, OR PHYSICAL DESCRIPTIONS  SUCH  AS  HEIGHT,  WEIGHT,  HAIR
 COLOR,  OR  EYE  COLOR.  BIOMETRIC IDENTIFIERS SHALL NOT INCLUDE DONATED
 BODY PARTS AS DEFINED IN  SECTION  FORTY-THREE  HUNDRED  OF  THE  PUBLIC
 HEALTH LAW OR BLOOD OR SERUM STORED ON BEHALF OF RECIPIENTS OR POTENTIAL
 RECIPIENTS  OF LIVING OR CADAVERIC TRANSPLANTS AND OBTAINED OR STORED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets