Enacts the "radio frequency identification right to know act"; requires retail mercantile establishments to disclose the use of RFID devices and other information

BILL NUMBER:A276

Title of bill

An act to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile establishments

Purpose or general idea of bill

The purpose of this bill is to protect consumer privacy by regulating the use of radio frequency identification tags by retailers.

Summary of specific provisions

This bill would enact the Radio Frequency Identification Right to Know Act. Specifically, the bill would require certain notices and labels regarding the use of Radio Frequency Identification (RFID) tags; require retailers to remove or deactivate all RFID tags at the point of sale; allow consumers to access any personal information gathered about them through the use of RFID tags; and prohibit certain uses of RFID tags. The bill provides for enforcement by the Attorney General and a civil penalty of up to five hundred dollars per violation.

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 employed. As the price of radio frequency identifica- tion 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 require RFID tags on the products they sell. This new technology has several privacy implications, includ- ing the potential for the tracking of movements of a person who possesses or handles objects containing RFID tags and the profiling of citizens without their consent.

This bill would regulate the use of RFID technology by retailers to ensure consumer privacy. Consumers have a right to know if the products they purchase contain technologies which could jeopardize their privacy. Furthermore, by requiring the removal or deactivation of RFID tags at the point of sale, consumers can be assured that their privacy is protected once they leave the retail establishment.

Prior legislative history

2007-2008: A.222 - referred to Consumer Affairs and Protection. 2005-2006: A.9504 - referred to Consumer Affairs and Protection.

Fiscal implications for state and local governments

None.

Effective date

January 1, 2010.