S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1601
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  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-w
 to read as follows:
   §  837-W.  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.
              

                                                            LBD02559-01-1

 A. 1601                             2
 
   (C) "FACIAL RECOGNITION OR BIOMETRIC SURVEILLANCE  SYSTEM"  MEANS  ANY
 COMPUTER  SOFTWARE  OR  APPLICATION  THAT PERFORMS FACIAL RECOGNITION OR
 OTHER BIOMETRIC SURVEILLANCE.
   (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)  "OFFICER  CAMERA" MEANS A BODY-WORN CAMERA OR SIMILAR DEVICE THAT
 RECORDS OR TRANSMITS IMAGES OR SOUND AND IS  ATTACHED  TO  THE  BODY  OR
 CLOTHING OF, OR CARRIED BY, A POLICE OFFICER OR PEACE OFFICER.
   (F) "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 OR CRIMINAL BACK-
 GROUND; AND/OR
   (II)  ANY  INFORMATION  DERIVED FROM BIOMETRIC DATA, INCLUDING BUT NOT
 LIMITED TO, ASSESSMENTS ABOUT AN INDIVIDUAL'S SENTIMENT, STATE  OF  MIND
 OR LEVEL OF DANGEROUSNESS.
   (G) "USE" MEANS EITHER OF THE FOLLOWING, ALONE OR IN COMBINATION:
   (I)  THE  DIRECT USE OF A FACIAL RECOGNITION OR 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  FACIAL RECOGNITION OR BIOMETRIC
 SURVEILLANCE SYSTEM ON BEHALF OF THE REQUESTING ENTITY.
   2. NO POLICE AGENCY, POLICE OFFICER OR PEACE  OFFICER  SHALL  INSTALL,
 ACTIVATE  OR USE ANY FACIAL RECOGNITION OR BIOMETRIC SURVEILLANCE SYSTEM
 IN CONNECTION WITH AN OFFICER CAMERA OR DATA  COLLECTED  BY  AN  OFFICER
 CAMERA.
   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 USING A MOBILE FINGERPRINT SCANNING DEVICE  DURING  A
 LAWFUL  DETENTION  TO IDENTIFY A PERSON WHO DOES NOT HAVE PROOF OF IDEN-
 TIFICATION IF THIS USE IS LAWFUL AND DOES NOT GENERATE OR RESULT IN  THE
 RETENTION OF ANY BIOMETRIC DATA OR SURVEILLANCE INFORMATION.
   §  2. The executive law is amended by adding a new section 235 to read
 as follows:
   § 235. 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  THE

 A. 1601                             3
 
 DIVISION OF 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 BIOMETRIC DATA OR SURVEILLANCE INFORMATION.
   (C)  "FACIAL  RECOGNITION  OR BIOMETRIC SURVEILLANCE SYSTEM" MEANS ANY
 COMPUTER SOFTWARE OR APPLICATION THAT  PERFORMS  FACIAL  RECOGNITION  OR
 OTHER BIOMETRIC SURVEILLANCE.
   (D)  "OFFICER  CAMERA" MEANS A BODY-WORN CAMERA OR SIMILAR DEVICE THAT
 RECORDS OR TRANSMITS IMAGES OR SOUND AND IS  ATTACHED  TO  THE  BODY  OR
 CLOTHING OF, OR CARRIED BY, A MEMBER OF THE STATE POLICE.
   (E) "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 OR CRIMINAL BACK-
 GROUND; AND/OR
   (II)  ANY  INFORMATION  DERIVED FROM BIOMETRIC DATA, 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 FACIAL RECOGNITION OR 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 FACIAL  RECOGNITION  OR  BIOMETRIC  SURVEILLANCE
 SYSTEM ON BEHALF OF THE REQUESTING ENTITY.
   2.  NO  MEMBER  OF THE STATE POLICE SHALL INSTALL, ACTIVATE OR USE ANY
 FACIAL RECOGNITION OR BIOMETRIC SURVEILLANCE SYSTEM IN  CONNECTION  WITH
 AN OFFICER CAMERA OR DATA COLLECTED BY AN OFFICER CAMERA.
   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
 USING A MOBILE FINGERPRINT SCANNING DEVICE DURING A LAWFUL DETENTION  TO
 IDENTIFY  A PERSON WHO DOES NOT HAVE PROOF OF IDENTIFICATION IF THIS USE
 IS LAWFUL AND DOES NOT GENERATE OR RESULT IN THE RETENTION OF ANY BIOME-
 TRIC DATA OR SURVEILLANCE INFORMATION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall expire and be deemed repealed 5 years after
 such date.