The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4916
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  prohibit  the  state,  state  agencies  and departments and
   contractors doing business with the state, its agencies or departments
   from retaining facial recognition images or sharing such  images  with
   third parties without legal authorization by a court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any law, rule or regulation to the  contra-
 ry, in the absence of legal authorization issued by a court of competent
 jurisdiction,  the state, state agencies and departments and contractors
 engaged in business with the state,  its  agencies  or  departments  are
 prohibited from utilizing any record management system or plan:
   a.  as  a  repository  of,  storage  system for, or a means of sharing
 facial recognition functionality; and
   b. as a repository or storage system for aggregate License Plate Read-
 er (LPR) data records, aggregate audio surveillance  recordings,  aggre-
 gate video surveillance images, or aggregate driver license photographs;
 provided  that nothing in this section shall prevent an authorized state
 agency or department from  storing  in  a  record  management  system  a
 specifically-identified license plate reader data record, audio surveil-
 lance  record,  video  surveillance  record,  driver  license photograph
 record that was lawfully obtained as part of a specific criminal  inves-
 tigation; nor shall anything in this section prevent the sharing through
 a  record  management  system  of such a specifically-identified license
 plate reader  record,  audio  surveillance  record,  video  surveillance
 record  or  driver license photograph record that may lawfully be shared
 under the laws of the State of New York.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made on or before such date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09015-01-1