NY State Senate Bill 2019-S7572

Senate Bill S7572

2019-2020 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

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Archive: Last Bill Status - In Senate Committee Internet And Technology 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	committee discharged and committed to internet and technology
Jan 27, 2020	referred to finance

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2019-S7572 (ACTIVE) - Details

See Assembly Version of this Bill:: A9767
Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Add §§837-u & 234, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S79, A5492
2023-2024: S1609, A1891

2019-S7572 (ACTIVE) - Summary

2019-S7572 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7572

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the use of biometric surveillance technology by law enforce-
ment and establish a task force to examine the issue, determine whether
the use of such technology should be allowed, and if so, propose a
comprehensive set of standards for use of such technology.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth legislative intent.

Section 2 of the bill creates a new Section 837-u of the Executive Law
to prohibit the use of biometric surveillance systems by police offi-
cers, peace officers, and police agencies, with certain exceptions for
lawful and authorized DNA comparison, fingerprinting, internal security
systems, and other purposes.  The new section 837-u defines the terms
"biometric information", "biometric surveillance", "biometric surveil-
lance system", "surveillance information", and "use".

Section 3 of the bill creates a new Section 234 of the Executive Law to
enact statutory provisions consistent with the provisions of

Section 837-u that would apply to members of the State Police.

Section 4 of the bill establishes the Task Force on the Regulation of
Biometric Surveillance, consisting of twelve members including represen-
tatives from the State Police, the Division of Criminal Justice
Services, the NYPD, and members appointed by the Governor and Legisla-
ture with expertise in data security, civil rights and liberties, biome-
tric surveillance, legal representation, and/or criminal defense.

The Task Force would be directed to study the current and proposed use
of biometric surveillance systems by governments and/or law enforcement,
and current laws, rules, regulations, and policies governing their use.
It would also be directed to evaluate the effectiveness, efficacy, and
accuracy of such systems, as well as their potential harms, taking into
account the impact of such systems on certain vulnerable or protected
populations.

The Task Force would also be directed to evaluate whether the use of
such systems by law enforcement should be permitted, and if so, the Task
Force must propose a comprehensive framework of recommendations for
legislation, regulations, and standards regarding the use of such
systems. The bill specifies certain guidelines that the Task Force must
follow when developing that framework.  The bill requires the Task Force
to transmit a report of its findings to the Governor and Legislature no
sooner than January 1, 2024 and no later than January 1, 2025.

Section 5 of the bill establishes the bill's effective date.
 
JUSTIFICATION:

As the use of biometric surveillance technology becomes increasingly
common, concerns have been raised by advocates for privacy and civil
liberties relating to the effectiveness and ethical implications of such
technology.

Significant evidence exists to suggest that facial recognition technolo-
gy in particular is less accurate when analyzing faces of color than
when analyzing white faces. A 2018 study from MIT and Stanford Universi-
ty examining commercially available facial analysis programs created by
three major companies found that the three programs' rates of error in
determining the gender of light-skinned men were never worse than 0.8%,
but the rates of error for dark-skinned women were significantly higher,
with two of the programs showing an error rate of more than 34%.

The American Civil Liberties Union (ACLU) ran a test of another widely
available facial recognition tool by comparing photos of members of
Congress with a database of mugshots, and the software incorrectly
matched 28 members of Congress with individuals who had been arrested
for a crime. A disproportionate number of the incorrect matches were
people of color.

This evidence of bias and inaccuracy is particularly troubling in the
context of law enforcement, where an incorrect match has the potential
to have devastating consequences.

In June of 2019, Axon (formerly Taser), a major manufacturer of body-
worn cameras for police departments across the country including the
NYPD, publicly stated that they "will not be commercializing face match-
ing products" on their body cameras due to bias concerns, saying that
"face recognition technology is not currently reliable enough to
ethically justify its use on body-worn cameras." Axon added, "At the
least, face recognition technology should not be deployed until the
technology performs with far greater accuracy and performs equally well
across races, ethnicities, genders, and other identity groups."

Despite these major concerns, police departments across the country
continue to partner with major corporations actively marketing facial
recognition software. Agreements with certain companies have given law
enforcement access to home security cameras and other smart devices
capable of either employing biometric surveillance technology or supply-
ing footage or data to be run through biometric surveillance systems.

The harms of the overuse of this technology are not theoretical. For an
example of how it can be misused, we need only look to China, which
maintains a vast DNA database and has a massive network of surveillance
cameras capable of using real-time automated facial recognition to moni-
tor the movements of people within its borders. The technology has been
used to monitor, track, and profile Uighurs, an ethnic Muslim minority
within China.

Here in the United States, the use of this emerging technology is almost
entirely unregulated, leaving weighty decisions regarding the ethical
implications of its use solely in the hands of law enforcement.  Given
the serious concerns that have been raised about presently available
biometric surveillance technology, New York's law enforcement should not

presently be permitted to deploy or rely on it as a policing tool that
could potentially lead to wrongful targeting, arrest or imprisonment.

This bill would prohibit such practice and convene a state Task Force to
examine the issue in depth and propose a comprehensive set of standards
for use of such technology in the future if it is to be allowed.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE D LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7572 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7572
 
                             I N  S E N A T E
 
                             January 27, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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,
 interrogation, detention, or even conviction of an innocent person based
 on erroneous data.
   (d) The largest U.S. supplier of  police  body  cameras  has  publicly
 stated  that  this  technology  "is  not  currently  reliable  enough to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14547-04-0

 S. 7572                             2
 
 ethically justify its use," and other major companies  working  on  this
 technology  have  chosen  not to offer it for general use until concerns
 about the technology's accuracy are resolved.
   (e) In addition to accuracy concerns, the continuous use of this tech-
 nology  for broad, untargeted surveillance purposes constitutes an unac-
 ceptable mass violation of privacy and could chill New Yorkers' right to
 free speech and freedom of assembly.
   (f) In order to protect the personal data, civil rights, civil  liber-
 ties,  and  due process rights of all New Yorkers, the use of this tech-
 nology by law enforcement should not currently be  permitted,  and  more
 study and research should be conducted into the impacts of this technol-
 ogy  before  determining  whether  it  should be authorized for use, and
 under what circumstances such use should be permitted.
   § 2. The executive law is amended by adding a  new  section  837-u  to
 read as follows:
   §  837-U.  USE OF BIOMETRIC SURVEILLANCE SYSTEMS PROHIBITED. 1.  DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)   "BIOMETRIC  INFORMATION"  MEANS  ANY  MEASURABLE  PHYSIOLOGICAL,
 BIOLOGICAL OR BEHAVIORAL CHARACTERISTICS THAT  ARE  ATTRIBUTABLE  TO  AN
 INDIVIDUAL PERSON, INCLUDING FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
 TERISTICS,  HAND  CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
 ISTICS, AND ANY OTHER PHYSICAL CHARACTERISTICS THAT CAN BE USED,  SINGLY
 OR  IN  COMBINATION WITH EACH OTHER OR WITH OTHER INFORMATION, TO ESTAB-
 LISH INDIVIDUAL IDENTITY.   EXAMPLES OF BIOMETRIC  INFORMATION  INCLUDE,
 BUT  ARE  NOT  LIMITED  TO,  FINGERPRINTS,  HANDPRINTS,  RETINA AND IRIS
 PATTERNS, DNA SEQUENCE, VOICE, GAIT, AND FACIAL GEOMETRY.
   (B)(I) "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 THEIR  BIOMETRIC  INFORMA-
 TION,  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
 THEIR BIOMETRIC INFORMATION.
   (II) "BIOMETRIC SURVEILLANCE" SHALL NOT INCLUDE THE USE  OF  AN  AUTO-
 MATED OR SEMI-AUTOMATED PROCESS FOR THE PURPOSES OF:
   (1)  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  BIOME-
 TRIC INFORMATION OR SURVEILLANCE INFORMATION;
   (2)  THE  STATE  DNA  IDENTIFICATION  INDEX  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION NINE HUNDRED NINETY-FIVE-C OF THIS CHAPTER; OR
   (3) THE TAKING, SUBMISSION, AND PROCESSING  OF  FINGERPRINTS  FOR  THE
 STATE  IDENTIFICATION  BUREAU, PROVIDED THAT SUCH TAKING, SUBMISSION AND
 PROCESSING IS EXPLICITLY AUTHORIZED BY LAW.
   (C) "BIOMETRIC SURVEILLANCE SYSTEM" MEANS  ANY  COMPUTER  SOFTWARE  OR
 APPLICATION  THAT  PERFORMS BIOMETRIC SURVEILLANCE, BUT DOES NOT INCLUDE
 THE STATE DNA IDENTIFICATION INDEX  OR  THE  FINGERPRINT  IDENTIFICATION
 PORTION OF THE STATE AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM.
   (D)  "POLICE  AGENCY", "POLICE OFFICER" AND "PEACE OFFICER" SHALL HAVE
 THE SAME MEANINGS AS DEFINED UNDER SECTION EIGHT HUNDRED THIRTY-FIVE  OF
 THIS ARTICLE.
   (E) "SURVEILLANCE INFORMATION" MEANS EITHER OF THE FOLLOWING, ALONE OR
 IN COMBINATION:

 S. 7572                             3
 
   (I) ANY INFORMATION ABOUT A KNOWN OR UNKNOWN INDIVIDUAL, INCLUDING BUT
 NOT  LIMITED  TO,  A  PERSON'S  NAME,  DATE OF BIRTH, GENDER, AGGREGATED
 LOCATION DATA, OR CRIMINAL BACKGROUND; AND/OR
   (II) ANY INFORMATION DERIVED FROM BIOMETRIC INFORMATION, INCLUDING BUT
 NOT  LIMITED  TO,  ASSESSMENTS ABOUT AN INDIVIDUAL'S SENTIMENT, STATE OF
 MIND OR LEVEL OF DANGEROUSNESS.
   (F) "USE" MEANS EITHER OF THE FOLLOWING, ALONE OR IN COMBINATION:
   (I) THE DIRECT USE OF A BIOMETRIC  SURVEILLANCE  SYSTEM  BY  A  POLICE
 AGENCY, POLICE OFFICER OR PEACE OFFICER; AND/OR
   (II)  A  REQUEST  BY  A  POLICE OFFICER OR PEACE OFFICER THAT A POLICE
 AGENCY OR OTHER THIRD PARTY  USE  A  BIOMETRIC  SURVEILLANCE  SYSTEM  ON
 BEHALF OF THE REQUESTING ENTITY.
   2.  NO  POLICE  AGENCY, POLICE OFFICER OR PEACE OFFICER SHALL ACQUIRE,
 POSSESS, ACCESS, INSTALL, ACTIVATE OR  USE  ANY  BIOMETRIC  SURVEILLANCE
 SYSTEM, OR ANY BIOMETRIC INFORMATION OR SURVEILLANCE INFORMATION DERIVED
 FROM  THE  USE  OF  A BIOMETRIC SURVEILLANCE SYSTEM BY ANY OTHER ENTITY,
 WHILE IN THE COURSE OF THEIR JOB DUTIES OR WITH REGARD TO  ANY  INFORMA-
 TION OBTAINED, PROCESSED, OR ACCESSED IN THE COURSE OF THOSE DUTIES.
   3.  IN ADDITION TO ANY OTHER SANCTIONS, PENALTIES OR REMEDIES PROVIDED
 BY LAW, A PERSON MAY BRING AN ACTION FOR EQUITABLE OR DECLARATORY RELIEF
 IN A COURT OF COMPETENT JURISDICTION AGAINST  A  POLICE  AGENCY,  POLICE
 OFFICER OR PEACE OFFICER THAT VIOLATES THIS SECTION.
   4.  THIS  SECTION DOES NOT PRECLUDE A POLICE AGENCY, POLICE OFFICER OR
 PEACE OFFICER FROM:
   (A) LAWFULLY USING A  MOBILE  FINGERPRINT  SCANNING  DEVICE  DURING  A
 LAWFUL  DETENTION  TO IDENTIFY A PERSON WHO DOES NOT HAVE PROOF OF IDEN-
 TIFICATION IF A POLICE OFFICER OR PEACE OFFICER HAS REASONABLE CAUSE  TO
 ARREST  SUCH PERSON OR TO ISSUE TO AND SERVE UPON SUCH PERSON AN APPEAR-
 ANCE TICKET, PROVIDED THAT ANY  BIOMETRIC  OR  SURVEILLANCE  INFORMATION
 RETAINED  THROUGH  THE  USE  OF  SUCH  DEVICE MAY BE USED SOLELY FOR THE
 PURPOSES PERMITTED  IN  THIS  PARAGRAPH  OR  OTHER  PURPOSES  EXPLICITLY
 AUTHORIZED BY LAW;
   (B) ACCESSING DNA COMPARISONS BETWEEN FORENSIC EVIDENCE AND DESIGNATED
 OFFENDERS, AS DEFINED IN SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINE-
 TY-FIVE  OF  THIS  CHAPTER,  THROUGH  THE STATE DNA IDENTIFICATION INDEX
 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THIS CHAPTER;
   (C) ACCESSING FINGERPRINT COMPARISONS USING  THE  STATEWIDE  AUTOMATED
 BIOMETRIC  IDENTIFICATION  SYSTEM  FOR THE PURPOSE OF ROUTINE BOOKING OR
 CRIME SCENE COMPARISONS; OR
   (D) USING ANY LAWFULLY INSTALLED SECURITY SYSTEM THAT PROCESSES BIOME-
 TRIC INFORMATION SOLELY FOR THE PURPOSE OF  VERIFYING  THE  IDENTITY  OF
 MEMBERS,  OFFICERS,  EMPLOYEES, AGENTS, OR OTHER AFFILIATED STAFF OF THE
 POLICE AGENCY IN ORDER TO DETERMINE WHETHER SUCH PERSONS  ARE  PERMITTED
 TO  ACCESS INFORMATION, GOODS, MATERIALS, AREAS, OR OTHER POSSESSIONS OR
 PROPERTY BELONGING TO OR UNDER THE CUSTODY OF THE POLICE AGENCY.
   § 3. The executive law is amended by adding a new section 234 to  read
 as follows:
   §  234.  USE  OF  BIOMETRIC SURVEILLANCE SYSTEMS PROHIBITED. 1.  DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)   "BIOMETRIC  INFORMATION"  MEANS  ANY  MEASURABLE  PHYSIOLOGICAL,
 BIOLOGICAL OR BEHAVIORAL CHARACTERISTICS THAT  ARE  ATTRIBUTABLE  TO  AN
 INDIVIDUAL PERSON, INCLUDING FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
 TERISTICS,  HAND  CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
 ISTICS, AND ANY OTHER PHYSICAL CHARACTERISTICS THAT CAN BE USED,  SINGLY
 OR  IN  COMBINATION WITH EACH OTHER OR WITH OTHER INFORMATION, TO ESTAB-

 S. 7572                             4
 
 LISH INDIVIDUAL IDENTITY.   EXAMPLES OF BIOMETRIC  INFORMATION  INCLUDE,
 BUT  ARE  NOT  LIMITED  TO,  FINGERPRINTS,  HANDPRINTS,  RETINA AND IRIS
 PATTERNS, DNA SEQUENCE, VOICE, GAIT, AND FACIAL GEOMETRY.
   (B)  (I) "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 THEIR BIOMETRIC INFORMA-
 TION, 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
 THEIR BIOMETRIC INFORMATION.
   (II)  "BIOMETRIC  SURVEILLANCE"  SHALL NOT INCLUDE THE USE OF AN AUTO-
 MATED OR SEMI-AUTOMATED PROCESS FOR THE PURPOSES OF:
   (1) REDACTING A RECORDING FOR RELEASE OR DISCLOSURE OUTSIDE THE  STATE
 POLICE TO PROTECT THE PRIVACY OF A SUBJECT DEPICTED IN THE RECORDING, IF
 THE  PROCESS  DOES NOT GENERATE OR RESULT IN THE RETENTION OF ANY BIOME-
 TRIC INFORMATION OR SURVEILLANCE INFORMATION;
   (2)  THE  STATE  DNA  IDENTIFICATION  INDEX  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION NINE HUNDRED NINETY-FIVE-C OF THIS CHAPTER; OR
   (3)  THE  TAKING,  SUBMISSION,  AND PROCESSING OF FINGERPRINTS FOR THE
 STATE IDENTIFICATION BUREAU, PROVIDED THAT SUCH TAKING,  SUBMISSION  AND
 PROCESSING IS EXPLICITLY AUTHORIZED BY LAW.
   (C)  "BIOMETRIC  SURVEILLANCE  SYSTEM"  MEANS ANY COMPUTER SOFTWARE OR
 APPLICATION THAT PERFORMS BIOMETRIC SURVEILLANCE.
   (D) "SURVEILLANCE INFORMATION" MEANS EITHER OF THE FOLLOWING, ALONE OR
 IN COMBINATION:
   (I) ANY INFORMATION ABOUT A KNOWN OR UNKNOWN INDIVIDUAL, INCLUDING BUT
 NOT LIMITED TO, A PERSON'S  NAME,  DATE  OF  BIRTH,  GENDER,  AGGREGATED
 LOCATION DATA, OR CRIMINAL BACKGROUND; AND/OR
   (II) ANY INFORMATION DERIVED FROM BIOMETRIC INFORMATION, INCLUDING BUT
 NOT  LIMITED  TO,  ASSESSMENTS ABOUT AN INDIVIDUAL'S SENTIMENT, STATE OF
 MIND OR LEVEL OF DANGEROUSNESS.
   (E) "USE" MEANS EITHER OF THE FOLLOWING, ALONE OR IN COMBINATION:
   (I) THE DIRECT USE OF A BIOMETRIC SURVEILLANCE SYSTEM BY A  MEMBER  OF
 THE STATE POLICE; AND/OR
   (II) A REQUEST BY A MEMBER OF THE STATE POLICE THAT A POLICE AGENCY OR
 OTHER  THIRD  PARTY USE A BIOMETRIC SURVEILLANCE SYSTEM ON BEHALF OF THE
 REQUESTING ENTITY.
   2. NO MEMBER OF THE  STATE  POLICE  SHALL  ACQUIRE,  POSSESS,  ACCESS,
 INSTALL, ACTIVATE OR USE ANY BIOMETRIC SURVEILLANCE SYSTEM, OR ANY BIOM-
 ETRIC  INFORMATION OR SURVEILLANCE INFORMATION DERIVED FROM THE USE OF A
 BIOMETRIC SURVEILLANCE SYSTEM BY ANY OTHER ENTITY, WHILE IN  THE  COURSE
 OF  THEIR  JOB  DUTIES OR WITH REGARD TO ANY INFORMATION OBTAINED, PROC-
 ESSED, OR ACCESSED IN THE COURSE OF THOSE DUTIES.
   3. IN ADDITION TO ANY OTHER SANCTIONS, PENALTIES OR REMEDIES  PROVIDED
 BY LAW, A PERSON MAY BRING AN ACTION FOR EQUITABLE OR DECLARATORY RELIEF
 IN  A  COURT  OF  COMPETENT  JURISDICTION  AGAINST A MEMBER OF THE STATE
 POLICE THAT VIOLATES THIS SECTION.
   4. THIS SECTION DOES NOT PRECLUDE A MEMBER OF THE STATE POLICE FROM:
   (A) LAWFULLY USING A  MOBILE  FINGERPRINT  SCANNING  DEVICE  DURING  A
 LAWFUL  DETENTION  TO IDENTIFY A PERSON WHO DOES NOT HAVE PROOF OF IDEN-
 TIFICATION IF A MEMBER OF THE  STATE  POLICE  HAS  REASONABLE  CAUSE  TO
 ARREST  SUCH PERSON OR TO ISSUE TO AND SERVE UPON SUCH PERSON AN APPEAR-
 ANCE TICKET, PROVIDED THAT ANY  BIOMETRIC  OR  SURVEILLANCE  INFORMATION
 RETAINED  THROUGH  THE  USE  OF  SUCH  DEVICE MAY BE USED SOLELY FOR THE

 S. 7572                             5
 
 PURPOSES PERMITTED  IN  THIS  PARAGRAPH  OR  OTHER  PURPOSES  EXPLICITLY
 AUTHORIZED BY LAW;
   (B) ACCESSING DNA COMPARISONS BETWEEN FORENSIC EVIDENCE AND DESIGNATED
 OFFENDERS, AS DEFINED IN SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINE-
 TY-FIVE  OF  THIS  CHAPTER,  THROUGH  THE STATE DNA IDENTIFICATION INDEX
 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THIS CHAPTER;
   (C) ACCESSING FINGERPRINT COMPARISONS USING  THE  STATEWIDE  AUTOMATED
 BIOMETRIC  IDENTIFICATION  SYSTEM  FOR THE PURPOSE OF ROUTINE BOOKING OR
 CRIME SCENE COMPARISONS; OR
   (D) USING ANY LAWFULLY INSTALLED SECURITY SYSTEM THAT PROCESSES BIOME-
 TRIC INFORMATION SOLELY FOR THE PURPOSE OF  VERIFYING  THE  IDENTITY  OF
 MEMBERS,  OFFICERS,  EMPLOYEES, AGENTS, OR OTHER AFFILIATED STAFF OF THE
 STATE POLICE IN ORDER TO DETERMINE WHETHER SUCH PERSONS ARE PERMITTED TO
 ACCESS INFORMATION, GOODS, MATERIALS, AREAS,  OR  OTHER  POSSESSIONS  OR
 PROPERTY BELONGING TO OR UNDER THE CUSTODY OF THE STATE POLICE.
   §  4.  Biometric  surveillance  regulation task force. 1. (a) There is
 hereby established  the  task  force  on  the  regulation  of  biometric
 surveillance, which shall consist of twelve members as follows:
   (a)  the  commissioner of the division of criminal justice services or
 his or her designee;
   (b) the superintendent of state police or his or her designee;
   (c) the commissioner of the New York city police department or his  or
 her designee; and
   (d)  three members appointed by the governor, two members appointed by
 the temporary president of the senate,  two  members  appointed  by  the
 speaker  of the assembly, one member appointed by the minority leader of
 the senate, and one member appointed  by  the  minority  leader  of  the
 assembly,  each  of which shall have expertise and experience related to
 at least one of the following fields, disciplines, or areas:
   (i) data privacy and data security;
   (ii) civil rights, civil liberties, and  due  process  and  procedural
 rights;
   (iii)  the  use  and  function of both existing and emerging biometric
 surveillance technology;
   (iv) legal representation of low-income individuals and/or tenants; or
   (v) criminal defense.
   (b) The chairperson of the task force shall be one of  the  governor's
 appointees, whom the governor shall so designate.
   (c)  The  task  force shall meet as often as is necessary, but no less
 than three times per year, and at the call of the chairperson.  Meetings
 may be held via teleconference. All members shall be provided with writ-
 ten  notice  reasonably  in  advance of each meeting with date, time and
 location of such meeting.
   (d) Any vacancies on the task force shall  be  filled  in  the  manner
 provided for in the initial appointment.
   (e)  Members of the task force shall receive no compensation for their
 services but shall be reimbursed for their actual expenses  incurred  in
 the performance of their duties in the work of the task force.
   (f)  The task force is authorized to hold public hearings and meetings
 and to consult with any relevant stakeholders it  deems  appropriate  or
 necessary  to  seek  assistance,  data,  or  other information that will
 enable the task force to carry out its powers and duties.
   (g) The division of criminal justice services 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  agen-
 cies  of  the  state  or subdivisions thereof may, at the request of the

 S. 7572                             6

 chairperson of the task force, provide the task force with such  facili-
 ties,  assistance,  and  data as will enable the task force to carry out
 its powers and duties.
   2. The task force shall:
   (a)  Examine  the  current  and proposed use of biometric surveillance
 systems, as such term is defined pursuant to section 837-u of the execu-
 tive law, by governments and/or law  enforcement,  both  in  the  United
 States and abroad;
   (b)  Examine  current and proposed laws, rules, regulations, programs,
 and policies relating to the use of biometric surveillance systems;
   (c) Examine currently  available  biometric  surveillance  systems  or
 similar  technology,  and  evaluate  their  effectiveness, efficacy, and
 accuracy, provided that such evaluation shall include the use of  repre-
 sentative  datasets according to targeted populations, and disaggregated
 testing for demographic subgroups by age, gender identity, and race;
   (d) Evaluate the potential benefits and harms of the use of  biometric
 surveillance  systems,  taking  into account and analyzing the impact of
 the use of such systems on minorities,  women,  young  people,  seniors,
 lesbian,  gay,  bisexual, transgender, and gender-nonconforming individ-
 uals, and individuals with disabilities;
   (e) Evaluate whether law enforcement should be permitted to use biome-
 tric surveillance systems, and if it is the judgment of the  task  force
 that  such  use  should  be  permitted,  the  task force shall propose a
 comprehensive framework of recommendations for legislation,  regulations
 and  standards  regarding  the  use  of such systems by law enforcement,
 including, but not limited to:
   (i) permissible uses and purposes for use  of  biometric  surveillance
 systems by law enforcement;
   (ii)  prohibited  uses  and purposes for use of biometric surveillance
 systems by law enforcement;
   (iii) minimum  standards  for  accuracy  that  biometric  surveillance
 systems  must  achieve in order to be authorized for use by law enforce-
 ment, and auditing requirements to ensure compliance with  those  stand-
 ards;
   (iv)  standards  for  use,  management,  and protection of information
 derived from the use of biometric surveillance systems by  law  enforce-
 ment, including, but not limited to data retention, sharing, access, and
 audit trails;
   (v)  rigorous  protections  for  due process, privacy, free speech and
 association, and racial, gender, and religious equity;
   (vi) training requirements for law enforcement personnel authorized to
 use biometric surveillance systems;
   (vii) procedures to address instances in which a person is  wrongfully
 targeted,  arrested  or  interrogated  based  on  inaccurate information
 derived from the use of a biometric surveillance system; and
   (viii) disclosure requirements for broad public transparency  as  well
 as discovery procedures.
   3.  (a)  No  sooner than January 1, 2024, and no later than January 1,
 2025, the task force shall transmit a report to the governor, the tempo-
 rary president of the senate, the speaker of the assembly, the  minority
 leader  of the senate, and the minority leader of the assembly detailing
 its findings and recommendations pursuant to  subdivision  two  of  this
 section.
   (b)  No later than ten days after the task force transmits such report
 to the governor, the temporary president of the senate, the  speaker  of
 the assembly, the minority leader of the senate, and the minority leader

 S. 7572                             7
 
 of  the  assembly,  the division of criminal justice services shall make
 such report available on its website.
   §  5.  This  act  shall take effect immediately, provided that section
 four of this act shall expire and be deemed repealed 60 days after tran-
 smission of the report of the findings and recommendations of  the  task
 force to the governor, the temporary president of the senate, the speak-
 er  of the assembly, the minority leader of the senate, and the minority
 leader of the assembly, as provided in paragraph (a) of subdivision 3 of
 section four of this act. Provided, however, that  the  commissioner  of
 the department of criminal justice services shall notify the legislative
 bill  drafting  commission  upon  the  transmission of the report of the
 findings of the task force, as provided in paragraph (a) of  subdivision
 3 of section four of this act, in order that the commission may maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.

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Senate Bill S7572

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

co-Sponsors

Jamaal T. Bailey

Alessandra Biaggi

Liz Krueger

Luis R. Sepúlveda

2019-S7572 (ACTIVE) - Details

2019-S7572 (ACTIVE) - Summary

2019-S7572 (ACTIVE) - Sponsor Memo

2019-S7572 (ACTIVE) - Bill Text download pdf

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