NY State Senate Bill 2009-S3790

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jun 02, 2009	reported and committed to finance
May 19, 2009	print number 3790a
May 19, 2009	amend (t) and recommit to consumer protection
Apr 01, 2009	referred to consumer protection

Bill Amendments

Original

A (Active)

2009-S3790 - Details

Current Committee:: Senate Consumer Protection

2009-S3790 - Summary

Establishes the New York state automatic identification technology privacy task force, to consist of: the chairperson of the consumer protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, the mayor of the city of New York and 11 at-large members to be appointed by the governor and the legislative leaders; the task force shall report to the governor and the legislature regarding: existing state law, regulations, programs, policies, and practices related to the use of automatic identification technology; the privacy issues associated with the use of automatic identification technology by public and private entities; research on privacy issues associated with the use of automatic identification technology

2009-S3790 - Sponsor Memo

                                 BILL NUMBER:  S3790

 TITLE OF BILL :
An act to establish a task force on the privacy implications of radio
frequency identification technology


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to establish a task force that would
assess various privacy issues associated with the use of radio
frequency identification technologies by public and private entities.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would authorize and direct the establishment of the New York
state radio frequency identification privacy task force. The task
force would be charged with providing a report to the governor and
legislature with specific findings and recommendations, including the
need to prohibit or restrict the use of radio frequency identification
technology in certain situations, no later than November 30, 2009. The
bill would direct the chairperson of the consumer protection board and
the director of the office for technology to serve as joint
chairpersons of the 17 member task force.

 JUSTIFICATION :
The right to privacy is a personal and fundamental right protected by
the united States Constitution. Systems used to transmit the identity

of an object or person using radio waves or other wireless means,
commonly referred to as radio frequency identification technology
(RFID), are increasingly being used by public and private entities,
including retailers, manufactures, and hospitals. As the price of
radio frequency identification technology decreases, the employment of
this technology is expected to increase rapidly.  Several major
retailers, including Wal-Mart, Target and Best Buy, are moving rapidly
to add RFID tags to products they sell. This new technology has
several privacy implications, including the potential for the tracking
of movements of a person who possesses or handles objects containing
radio frequency identification tags and the profiling of citizens
without their consent.

The New York state radio frequency identification task force would
subject RFID to a formal technology assessment and determine the need
for the State to regulate this technology in order to ensure personal
privacy.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.225-B - Passed Assembly
2005-2006: A.9506 - Passed Assembly

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
Immediately.

2009-S3790 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3790

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

AN ACT to establish a task force on the privacy  implications  of  radio
  frequency identification technology

  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 that the right to
privacy is a personal and fundamental  right  protected  by  the  United
States  constitution.  The  legislature  additionally finds that systems
used to transmit the identity of an object or person using  radio  waves
or  other  wireless means, commonly referred to as radio frequency iden-
tification technology, are increasingly being used by public and private
entities, including retailers, manufacturers, and  hospitals.  Moreover,
the  legislature  recognizes  that as the price of radio frequency iden-
tification technology decreases, the employment of  this  technology  is
expected  to  increase  rapidly.  The  legislature recognizes that radio
frequency identification technology may  have  numerous  privacy  impli-
cations  affecting  consumers  and  the  general public. The legislature
further recognizes that radio frequency  identification  technology  may
have numerous applications beneficial to public and private entities and
shared  by  consumers  and the general public.   The legislature further
recognizes that  radio  frequency  identification  technology  needs  to
undergo  a  formal  technology  assessment. The legislature additionally
finds that an assessment of the need to review the privacy  implications
and  protections  and  practical  applications  of  this  technology  is
warranted.
  S 2. The New York state radio frequency  identification  privacy  task
force is hereby established. The role of the task force includes, but is
not limited to:
  (a)  assessing  the  privacy  issues  associated with the use of radio
frequency identification technologies by public  and  private  entities,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03053-01-9

S. 3790                             2

including  but  not  limited  to,  state, county, and local governments,
retailers, manufacturers, employers, and schools;
  (b)   assessing  the  practical  applications  associated  with  radio
frequency identification technologies, including, but  not  limited  to,
the  tracking  of merchandise within a chain of distribution, protection
of merchandise against theft, and other beneficial uses by state, county
and local governments, retailers, manufacturers, employers and schools;
  (c) assessing whether or not the use of radio frequency identification
technology by businesses and the state and  its  political  subdivisions
should  be  prohibited  or  restricted and whether or not legislation is
necessary to regulate the use of such technology; and
  (d) preparing a report for submission to the governor and the legisla-
ture that provides specific recommendations  regarding:  existing  state
laws,  regulations, programs, policies, and practices related to the use
of radio frequency identification technology; the privacy issues associ-
ated with the use of radio frequency identification technology by public
and private entities; research on privacy issues associated with the use
of radio frequency identification technology; current and anticipated or
possible future uses of radio frequency identification  technology;  the
benefits  to  consumers  and  businesses from the use of radio frequency
identification technology; the need to prohibit or restrict the  use  of
radio  frequency  identification  technology  in certain situations; and
public awareness on the use of radio frequency identification  technolo-
gy.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2011.
  S  4. The task force shall consist of a total of seventeen members and
shall include the chairperson of  the  consumer  protection  board,  the
secretary  of  state, the commissioner of education, the director of the
office for technology, the attorney general, and the mayor of  the  city
of New York, or a designee of any of said officers.  The remaining elev-
en,  at-large  members  shall  be  appointed  as follows: three shall be
appointed by the governor; three shall be  appointed  by  the  temporary
president  of  the  senate and one by the minority leader of the senate;
three shall be appointed by the speaker of the assembly and one  by  the
minority  leader  of the assembly.   One each of the appointments of the
governor, temporary president of the senate,  and  the  speaker  of  the
assembly  shall be a member, officer, or employee of a consumer advocacy
organization.
  One of the appointments of the governor shall be a member, officer, or
employee of a national high technology trade association with a  signif-
icant presence in the state representing the radio frequency identifica-
tion  technology  manufacturing industry. One of the appointments of the
governor shall be a member, officer, or employee of a statewide  associ-
ation  representing  and  advocating  for the interests of local govern-
ments.  One of the appointments of the speaker of the assembly shall  be
a  member, officer, or employee of a statewide trade association repres-
enting primarily retail businesses.   One of  the  appointments  of  the
speaker  of  the  assembly  shall be a member, officer, or employee of a
manufacturer of radio frequency identification  systems.    One  of  the
appointments of the temporary president of the senate shall be a member,
officer,  or  employee of a statewide trade association representing the
grocery industry.  One of the appointments of the temporary president of
the senate shall be a member, officer, or employee of a financial insti-
tution that employs radio frequency identification  systems  in  one  or
more  of  its  products.  An organization shall be considered a consumer

S. 3790                             3

advocacy organization if it advocates for enhanced  consumer  protection
in  the  marketplace,  educates  consumers,  and researches and analyzes
consumer issues, including consumers' right to privacy.
  S 5. The chairperson of the consumer protection board and the director
of  the  office  for  technology or their designees shall serve as joint
chairpersons of the task force.
  S 6. The task force may consult  with  any  organization,  educational
institution,  governmental  agency, or person including, but not limited
to, the federal trade commission, the federal communications commission,
and  the  Electronic  Privacy  Information  Center,  a  public  interest
research center that advocates for first amendment and individual priva-
cy rights.
  S  7. The chairpersons of the task force may reconvene the task force,
with the same or different members, after issuance  of  the  report,  to
address  any  other or further privacy issues associated with the use of
radio frequency identification technology.
  S 8. The members of the task force shall serve  without  compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S  9.  The consumer protection board shall provide the task force with
such facilities, assistance, and data as will enable the task  force  to
carry  out its powers and duties. Additionally, all other departments or
agencies of the state or subdivisions thereof shall, at the  request  of
the  chairpersons,  provide the task force with such facilities, assist-
ance, and data as will enable the task force to carry out its powers and
duties.
  S 10. This act shall take effect immediately.

2009-S3790A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection

2009-S3790A (ACTIVE) - Summary

2009-S3790A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3790A

 TITLE OF BILL :
An act to establish the New York state automatic identification
technology privacy task force


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to establish a task force that would
assess various privacy issues associated with the use of automatic
identification technologies by public and private entities.

This bill would authorize and direct the establishment of the New York
state automatic identification privacy task force. The task force
would be charged with providing a report to the governor and
legislature with specific findings and recommendations, including
whether legislation is needed to regulate the use of automatic
identification technology, no later than November 30, 2011. The bill
would direct the chairperson of the consumer protection board and the
director of the office for technology to serve as joint chairpersons
of the seventeen member task force.

 JUSTIFICATION :
The right to privacy is a personal and fundamental right. Automated
systems used to identify, track, record, store and transfer data,
commonly referred to as automatic identification systems, are

increasingly being used by public and private entities, including
retailers, manufacturers, and hospitals. As the price of automatic
identification technology decreases, the employment of this technology
is expected to increase rapidly. Several major retailers, including
Wal-Mart, Target and Best Buy, are moving rapidly to add one type of
automatic identification technology, Radio Frequency Identification
(RFID) tags, to products they sell. This new technology has privacy
implications, including the potential for the tracking of movements of
a person who possesses or handles objects containing radio frequency
identification tags and the profiling of consumers without their
consent.

The New York state automatic identification task force would determine
the need for the State to regulate this technology in order to ensure
personal privacy.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.225-B - Passed Assembly
2005-2006: A.9506 - Passed Assembly

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
Immediately.

2009-S3790A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3790--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Consumer  Protection
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to establish the New York state automatic identification technol-
  ogy privacy task force

  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 that new technol-
ogies  can have a profound impact on people and social systems.  The use
of new technologies can be very beneficial, but care must  be  taken  to
ensure  that  such  technologies are used responsibly. Automated systems
used to identify, track,  record,  store  and  transfer  data,  commonly
referred  to  as  automatic  identification technology, are increasingly
being used by public and private entities, including retailers, manufac-
turers, and hospitals. The legislature recognizes that as the  price  of
automatic  identification  technology  decreases, the employment of this
technology is expected to  increase  rapidly.  The  legislature  further
recognizes  that  automatic identification technologies may have privacy
implications affecting consumers and the general public. The legislature
further recognizes that such technology has numerous applications  bene-
ficial  to  public and private entities and affecting both consumers and
the general public. The legislature further recognizes that  understand-
ing  various applications and potential privacy concerns regarding auto-
matic identification technology is an area that needs study  and  review
in  order  to  determine what protections, if any, are needed to protect
personal privacy.
  S 2. The New York state automatic  identification  technology  privacy
task  force  is hereby established. The role of the task force includes,
but is not limited to:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03053-07-9

S. 3790--A                          2

  (a) assessing the privacy issues associated with  the  application  of
automatic  identification  technologies,  including  but  not limited to
optical bar code scanning, radio frequency identification,  smart  card,
and  optical  memory  card  technologies by public and private entities,
including  but  not  limited  to,  state, county, and local governments,
retailers, manufacturers, employers, and schools;
  (b) assessing the practical  applications  associated  with  automatic
identification technologies, including, but not limited to, the tracking
of merchandise within a chain of distribution, protection of merchandise
against  theft,  and  other  beneficial  uses by state, county and local
governments, retailers, manufacturers, employers and schools; and
  (c) preparing a report for submission to the governor and the legisla-
ture that provides specific recommendations  regarding:  existing  state
laws,  regulations, programs, policies, and practices related to the use
of automatic identification technology and whether legislation is neces-
sary to regulate the use of such technology; the privacy issues  associ-
ated  with  the use of automatic identification technology by public and
private entities; research on privacy issues associated with the use  of
automatic identification technology; current and anticipated or possible
future  uses  of  automatic  identification  technology; the benefits to
consumers and businesses from the use of automatic identification  tech-
nology;  and  public  awareness  on  the use of automatic identification
technology.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2011.
  S 4. The task force shall consist of a total of seventeen members  and
shall  include  the  chairperson  of  the consumer protection board, the
secretary of state, the commissioner of education, the director  of  the
office  for  technology, the attorney general, and the mayor of the city
of New York, or a designee of any of said officers. The remaining  elev-
en,  at-large  members  shall  be  appointed  as follows: three shall be
appointed by the governor; three shall be  appointed  by  the  temporary
president  of  the  senate and one by the minority leader of the senate;
three shall be appointed by the speaker of the assembly and one  by  the
minority  leader  of  the  assembly. One each of the appointments of the
governor, temporary president of the senate,  and  the  speaker  of  the
assembly  shall be a member, officer, or employee of a consumer advocacy
organization. One of the appointments of the governor shall be a member,
officer, or employee of a financial institution that  employs  automatic
identification technology systems in one or more of its products. One of
the appointments of the governor shall be a member, officer, or employee
of a statewide association representing and advocating for the interests
of  local  governments.  One  of  the appointments of the speaker of the
assembly shall be a member, officer, or employee of  a  statewide  trade
association   representing  primarily  retail  businesses.  One  of  the
appointments of the speaker of the assembly shall be a member,  officer,
or employee of a manufacturer of radio frequency identification systems.
One  of  the appointments of the temporary president of the senate shall
be a member, officer, or  employee  of  a  statewide  trade  association
representing the grocery industry. One of the appointments of the tempo-
rary  president of the senate shall be a member, officer, or employee of
a national high technology trade association with a significant presence
in the state representing the radio frequency identification  technology
manufacturing  industry.  An organization shall be considered a consumer
advocacy organization if it advocates for enhanced  consumer  protection

S. 3790--A                          3

in  the  marketplace,  educates  consumers,  and researches and analyzes
consumer issues, including consumers' right to privacy.
  S 5. The chairperson of the consumer protection board and the director
of  the  office  for  technology or their designees shall serve as joint
chairpersons of the task force.
  S 6. The task force may consult  with  any  organization,  educational
institution, governmental agency, or person.
  S  7.  The members of the task force shall serve without compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S 8. The consumer protection board shall provide the task  force  with
such  facilities,  assistance, and data as will enable the task force to
carry out its powers and duties. Additionally, all other departments  or
agencies  of  the state or subdivisions thereof shall, at the request of
the chairpersons, provide the task force with such  facilities,  assist-
ance, and data as will enable the task force to carry out its powers and
duties.
  S 9. This act shall take effect immediately.

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Senate Bill S3790

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2009-S3790 - Details

2009-S3790 - Summary

2009-S3790 - Sponsor Memo

2009-S3790 - Bill Text download pdf

2009-S3790A (ACTIVE) - Details

2009-S3790A (ACTIVE) - Summary

2009-S3790A (ACTIVE) - Sponsor Memo

2009-S3790A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3790

Share this bill

Sponsored By

Hiram Monserrate

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2009-S3790 - Details

2009-S3790 - Summary

2009-S3790 - Sponsor Memo

2009-S3790 - Bill Text download pdf

2009-S3790A (ACTIVE) - Details

2009-S3790A (ACTIVE) - Summary

2009-S3790A (ACTIVE) - Sponsor Memo

2009-S3790A (ACTIVE) - Bill Text download pdf

Comments