assembly Bill A5492

2021-2022 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 Assembly Committee


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

Your Voice

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 19, 2021 referred to governmental operations

Co-Sponsors

A5492 (ACTIVE) - Details

See Senate Version of this Bill:
S79
Law Section:
Executive Law
Laws Affected:
Add §§837-w & 235, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A9767, S7572

A5492 (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.

A5492 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5492
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Governmental Operations
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02388-01-1