Assembly Bill A3712

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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

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2023-A3712 (ACTIVE) - Details

See Senate Version of this Bill:
S3226
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §§837-x & 236, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10913, S6776
2021-2022: A1601, S1076

2023-A3712 (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.

2023-A3712 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3712
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced by M. of A. EPSTEIN, DICKENS -- 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-x
 to read as follows:
   § 837-X. 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.
                                                            LBD07735-01-3
              

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