What's happening
This bill prohibits New York State and its contractors from storing or sharing facial recognition images or related surveillance data without court authorization.
Why it matters
Limits mass data retention. The bill prevents New York State and its contractors from storing large sets of facial recognition, license plate reader, audio, and video surveillance data unless specifically authorized by a court, reducing the risk of mass surveillance and potential misuse of sensitive information.
Narrows permissible data use. It allows the retention and sharing of specific surveillance records only when they are tied to a lawful, individualized criminal investigation, ensuring that state surveillance powers are targeted rather than broad and indiscriminate.
Protects privacy and civil liberties. By restricting the collection, storage, and sharing of biometric and surveillance data, the legislation aims to safeguard the privacy rights of New Yorkers and address concerns about government overreach and the chilling effect on free expression.
Establishes legal oversight. The requirement for court authorization introduces a layer of judicial review, providing a check on government surveillance activities and promoting transparency and accountability in how surveillance technologies are used.
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Who cares
Headline styles
Ban Storing Face Scans
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1692
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Governmental Operations
AN ACT to prohibit the state, state agencies and departments and contractors doing business with the state, its agencies or departments from retaining facial recognition images or sharing such images with third parties without legal authorization by a court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any law, rule or regulation to the contrary, in the absence of legal authorization issued by a court of competent jurisdiction, the state, state agencies and departments and contractors engaged in business with the state, its agencies or departments are prohibited from utilizing any record management system or plan:
a. as a repository of, storage system for, or a means of sharing facial recognition functionality; and
b. as a repository or storage system for aggregate License Plate Reader (LPR) data records, aggregate audio surveillance recordings, aggregate video surveillance images, or aggregate driver license photographs; provided that nothing in this section shall prevent an authorized state agency or department from storing in a record management system a specifically-identified license plate reader data record, audio surveillance record, video surveillance record, driver license photograph record that was lawfully obtained as part of a specific criminal investigation; nor shall anything in this section prevent the sharing through a record management system of such a specifically-identified license plate reader record, audio surveillance record, video surveillance record or driver license photograph record that may lawfully be shared under the laws of the State of New York.
§ 2. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05260-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.