Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to consumer affairs and protection |
Jan 07, 2009 |
referred to consumer affairs and protection |
Assembly Bill A276
2009-2010 Legislative Session
Sponsored By
PHEFFER
Archive: Last 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
Actions
2009-A276 (ACTIVE) - Details
2009-A276 (ACTIVE) - Summary
Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of RFID devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags
2009-A276 (ACTIVE) - Sponsor Memo
BILL NUMBER:A276 TITLE OF BILL: An act to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile establishments PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to protect consumer privacy by regulating the use of radio frequency identification tags by retailers. SUMMARY OF SPECIFIC PROVISIONS: This bill would enact the Radio Frequency Identification Right to Know Act. Specifically, the bill would require certain notices and labels regarding the use of Radio Frequency Identification (RFID) tags; require retailers to remove or deactivate all RFID tags at the point of sale; allow consumers to access any personal information gathered about them through the use of RFID tags; and prohibit certain uses of RFID tags. The bill provides for enforcement by the Attorney General and a civil penalty of up to five hundred dollars per violation. JUSTIFICATION: The right to privacy is a personal and fundamental right protected by the United States Constitution. Systems used to transmit the identity of
2009-A276 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 276 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. PHEFFER, DESTITO -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile estab- lishments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "radio frequency identification right to know act". S 2. The general business law is amended by adding a new article 12-C to read as follows: ARTICLE 12-C RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW SECTION 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW. S 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW. 1. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFILIATE" MEANS A PERSON RELATED TO A RETAIL MERCANTILE ESTAB- LISHMENT THAT CARRIES ON DIRECT OR RELATED FUNCTIONS OF SUCH ESTABLISH- MENT. B. "DEACTIVATE" MEANS TO DISABLE OR OTHERWISE RENDER UNUSABLE. C. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL PRODUCT IS SOLD TO CONSUMERS. SUCH TERM SHALL NOT APPLY TO PETS OR DOMESTICATED ANIMALS. D. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING A NATURAL PERSON WHICH, BECAUSE OF NAME, NUMBER, SYMBOL, MARK, OR OTHER IDENTIFI- ER, CAN BE USED TO IDENTIFY THAT NATURAL PERSON. E. "RADIO FREQUENCY IDENTIFICATION" MEANS ANY TECHNOLOGY THAT USES RADIO WAVES OR OTHER WIRELESS MEANS TO TRANSMIT IDENTIFYING INFORMATION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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