Assembly Bill A10036

2021-2022 Legislative Session

Relates to banning the use of biometric data by certain state agencies

download bill text pdf

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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

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2021-A10036 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §§170-f, 235 & 837-x, Exec L

2021-A10036 (ACTIVE) - Summary

Bans the use of biometric data by any state agency, local agency, division of state police, police agency, police officer, peace officer or any employee thereof.

2021-A10036 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10036
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  banning  the  use  of
   biometric data by certain state agencies
 
   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  170-f
 to read as follows:
   §  170-F.  USE OF BIOMETRIC RECOGNITION TECHNOLOGY PROHIBITED.  1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "BIOMETRIC DATA" SHALL MEAN ANY MEASURABLE PHYSIOLOGICAL,  BIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING  FACIAL  CHARACTERISTICS,  FINGERPRINT  CHARACTERISTICS,  HAND
 CHARACTERISTICS,  EYE  CHARACTERISTICS,  GENETIC  CHARACTERISTICS, VOCAL
 CHARACTERISTICS OR THERMAL CHARACTERISTICS  THAT  CAN  BE  USED,  EITHER
 SINGULARLY  OR  IN  COMBINATION  WITH  EACH  OTHER  OR  CAN BE PAIRED OR
 COMBINED WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY.
   (B) "BIOMETRIC RECOGNITION TECHNOLOGY" SHALL MEAN EITHER OR  BOTH  (I)
 ANY  AUTOMATED  OR SEMI-AUTOMATED PROCESS OR PROCESSES BY WHICH A PERSON
 IS IDENTIFIED OR ATTEMPTED TO BE IDENTIFIED  BASED  ON  THEIR  BIOMETRIC
 DATA,  INCLUDING  IDENTIFICATION  OF  KNOWN  OR  UNKNOWN  INDIVIDUALS OR
 GROUPS; AND/OR (II) ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES
 THAT GENERATES OR ASSISTS IN GENERATING, INFORMATION ABOUT ANY  INDIVID-
 UAL BASED ON THEIR BIOMETRIC DATA, INCLUDING BUT NOT LIMITED TO EMOTION,
 AFFECT, OR BEHAVIOR DETECTION.
   (C) "EQUITY IMPACT ASSESSMENT" SHALL MEAN AN AUDIT AND REPORT ADDRESS-
 ING, AT A MINIMUM, THE FOLLOWING:
   (I) EVALUATION OF POTENTIAL BENEFITS, HARMS, AND IMPACTS ON PERSONS OR
 GROUPS  OF PERSONS WHO ARE PROTECTED FROM DISCRIMINATION AS SET FORTH IN
 ARTICLE FIFTEEN OF THIS CHAPTER, INCLUDING SPECIFIC CONSIDERATIONS BASED
 ON A PERSON'S ETHNIC AND RACIAL BACKGROUND. SUCH EVALUATION  SHALL  ALSO
 INCLUDE,  ALTHOUGH NOT BE LIMITED TO THE DISPROPORTIONATE COLLECTION AND
 USE OF SUCH TECHNOLOGY ON ETHNIC  AND  RACIAL  MINORITIES  IN  NEW  YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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