assembly Bill A1362

2023-2024 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 17, 2023 referred to consumer affairs and protection

Co-Sponsors

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A1362 (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
2021-2022: A27

A1362 (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.

A1362 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1362
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, VANEL, EPSTEIN, REYES, SAYEGH, COOK,
   ZEBROWSKI, CRUZ, HYNDMAN, GLICK, DICKENS, SMULLEN, J. M. GIGLIO, McDO-
   NOUGH, BLANKENBUSH, LUPARDO -- 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
 A  FEDERALLY  DESIGNATED ORGAN PROCUREMENT AGENCY. BIOMETRIC IDENTIFIERS
 DO NOT INCLUDE INFORMATION CAPTURED FROM A  PATIENT  IN  A  HEALTH  CARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01142-01-3