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:S3099A

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 ensure consumer privacy by requiring labels on all products containing a radio frequency identification tag with a notice regarding the existence of such tag.

Summary of specific provisions

This bill would require any person or entity that produces, manufactures, packages, distributes or sells a retail product and causes a radio frequency identification tag to be attached to, embedded in or made part of the retail product or its package to label such product or its packaging with a notice regarding the existence of the radio frequency identification tag. The bill also prohibits retailers from selling any product they know to have a RFID tag without a proper label as required by this section. Finally, the bill provides for enforcement by the Attorney General and a civil penalty of between one hundred and one thousand 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 identification 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, including the potential for the tracking of movements of a person who possesses or handles objects containing radio frequency identification tags and the profiling of citizens without their consent.

Consumers have a right to know if the products they purchase contain technologies which could jeopardize their privacy. Requiring the proper labeling of products containing RFID tags would allow consumers to take any precautions they believe necessary to protect their privacy.

Prior legislative history

2011-12: S.1168/A.8428 - Referred to Consumer Protection 2009-10: S.8196/A274 - Referred to Rules/Referred to Consumer Affairs & Protection 2007-08: A.261 - Referred to Consumer Affairs and Protection 2005-06: A.9505 - Referred to Consumer Affairs and Protection

Fiscal implications

None.

Effective date

January 1, 2016