Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2020 |
referred to internet and technology |
Senate Bill S8311
2019-2020 Legislative Session
Sponsored By
(D) Senate District
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
Actions
2019-S8311 (ACTIVE) - Details
- Current Committee:
- Senate Internet And Technology
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §52-c, Civ Rts L
2019-S8311 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8311 SPONSOR: THOMAS TITLE OF BILL: An act to amend the civil rights law, in relation to banning the use of facial recognition technology in the tracking of the coronavirus (COVID-19) PURPOSE:: The purpose of this bill is to prevent governments and private companies from using facial recognition software to trace individuals who have tested positive or come in contact with coronavirus (COVID-19). SUMMARY OF SPECIFIC PROVISIONS:: Section one of the bill amends the civil rights law by prohibiting the use of facial recognition technology to track people infected with or
2019-S8311 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8311 I N S E N A T E May 11, 2020 ___________ Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology AN ACT to amend the civil rights law, in relation to banning the use of facial recognition technology in the tracking of the coronavirus (COVID-19) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 52-c to read as follows: § 52-C. USE OF FACIAL RECOGNITION TECHNOLOGY TO TRACK COVID-19 PROHIB- ITED. 1. IT IS UNLAWFUL FOR ANY PERSON OR ANY STATE AGENCY, DEPARTMENT, OR OFFICE TO OBTAIN, RETAIN, ACCESS OR USE FACIAL RECOGNITION TECHNOLOGY TO TRACK PERSONS INFECTED WITH OR EXPOSED TO THE NOVEL CORONAVIRUS (COVID-19). 2. FOR THE PURPOSES OF THIS SECTION, "FACIAL RECOGNITION TECHNOLOGY" MEANS THE AUTOMATED OR SEMI-AUTOMATED PROCESS BY WHICH A PERSON IS IDEN- TIFIED OR ATTEMPTED TO BE IDENTIFIED BASED ON THE CHARACTERISTICS OF THEIR FACE, INCLUDING IDENTIFICATION OF KNOWN OR UNKNOWN INDIVIDUALS OR GROUPS. 3. WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE, THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC- TICE LAW AND RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS. IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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