Bill Text: NY A01032 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the New York state automatic identification technology privacy task force, to consist of: the superintendent of the department of financial services, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, the mayor of the city of New York and 11 at-large members to be appointed by the governor and the legislative leaders; the task force shall report to the governor and the legislature regarding: existing state law, regulations, programs, policies, and practices related to the use of radio frequency identification technology; the privacy issues associated with the use of automatic identification technology by public and private entities; research on privacy issues associated with the use of radio frequency identification technology; current and anticipated or possible future uses of automatic identification technology; the benefits to consumers and businesses from the use of radio frequency identification technology; the need to prohibit or restrict the use of radio frequency identification technology in certain situations; and public awareness on the use of radio frequency identification technology.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A01032 Detail]

Download: New_York-2011-A01032-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1032
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. PHEFFER, DESTITO, KAVANAGH, JAFFEE, ROSENTHAL --
         Multi-Sponsored by -- M. of A.  BOYLAND,  FARRELL  --  read  once  and
         referred to the Committee on Consumer Affairs and Protection
       AN ACT to establish the New York state automatic identification technol-
         ogy privacy task force
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature finds that new technol-
    2  ogies can have a profound impact on people and social systems.  The  use
    3  of  new  technologies  can be very beneficial, but care must be taken to
    4  ensure that such technologies are used  responsibly.  Automated  systems
    5  used  to  identify,  track,  record,  store  and transfer data, commonly
    6  referred to as automatic  identification  technology,  are  increasingly
    7  being used by public and private entities, including retailers, manufac-
    8  turers,  and  hospitals. The legislature recognizes that as the price of
    9  automatic identification technology decreases, the  employment  of  this
   10  technology  is  expected  to  increase  rapidly. The legislature further
   11  recognizes that automatic identification technologies may  have  privacy
   12  implications affecting consumers and the general public. The legislature
   13  further  recognizes that such technology has numerous applications bene-
   14  ficial to public and private entities and affecting both  consumers  and
   15  the  general public. The legislature further recognizes that understand-
   16  ing various applications and potential privacy concerns regarding  auto-
   17  matic  identification  technology is an area that needs study and review
   18  in order to determine what protections, if any, are  needed  to  protect
   19  personal privacy.
   20    S  2.  The  New York state automatic identification technology privacy
   21  task force is hereby established. The role of the task  force  includes,
   22  but is not limited to:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00365-01-1
       A. 1032                             2
    1    (a)  assessing  the  privacy issues associated with the application of
    2  automatic identification technologies,  including  but  not  limited  to
    3  optical  bar  code scanning, radio frequency identification, smart card,
    4  and optical memory card technologies by  public  and  private  entities,
    5  including  but  not  limited  to,  state, county, and local governments,
    6  retailers, manufacturers, employers, and schools;
    7    (b) assessing the practical  applications  associated  with  automatic
    8  identification technologies, including, but not limited to, the tracking
    9  of merchandise within a chain of distribution, protection of merchandise
   10  against  theft,  and  other  beneficial  uses by state, county and local
   11  governments, retailers, manufacturers, employers and schools; and
   12    (c) preparing a report for submission to the governor and the legisla-
   13  ture that provides specific recommendations  regarding:  existing  state
   14  laws,  regulations, programs, policies, and practices related to the use
   15  of automatic identification technology and whether legislation is neces-
   16  sary to regulate the use of such technology; the privacy issues  associ-
   17  ated  with  the use of automatic identification technology by public and
   18  private entities; research on privacy issues associated with the use  of
   19  automatic identification technology; current and anticipated or possible
   20  future  uses  of  automatic  identification  technology; the benefits to
   21  consumers and businesses from the use of automatic identification  tech-
   22  nology;  and  public  awareness  on  the use of automatic identification
   23  technology.
   24    S 3. The task force shall issue its findings, in the form of a report,
   25  no later than November 30, 2013.
   26    S 4. The task force shall consist of a total of seventeen members  and
   27  shall  include  the  chairperson  of  the consumer protection board, the
   28  secretary of state, the commissioner of education, the director  of  the
   29  office  for  technology, the attorney general, and the mayor of the city
   30  of New York, or a designee of any of said officers. The remaining  elev-
   31  en,  at-large  members  shall  be  appointed  as follows: three shall be
   32  appointed by the governor; three shall be  appointed  by  the  temporary
   33  president  of  the  senate and one by the minority leader of the senate;
   34  three shall be appointed by the speaker of the assembly and one  by  the
   35  minority  leader  of  the  assembly. One each of the appointments of the
   36  governor, temporary president of the senate,  and  the  speaker  of  the
   37  assembly  shall be a member, officer, or employee of a consumer advocacy
   38  organization. One of the appointments of the governor shall be a member,
   39  officer, or employee of a financial institution that  employs  automatic
   40  identification technology systems in one or more of its products. One of
   41  the appointments of the governor shall be a member, officer, or employee
   42  of a statewide association representing and advocating for the interests
   43  of  local  governments.  One  of  the appointments of the speaker of the
   44  assembly shall be a member, officer, or employee of  a  statewide  trade
   45  association   representing  primarily  retail  businesses.  One  of  the
   46  appointments of the speaker of the assembly shall be a member,  officer,
   47  or employee of a manufacturer of radio frequency identification systems.
   48  One  of  the appointments of the temporary president of the senate shall
   49  be a member, officer, or  employee  of  a  statewide  trade  association
   50  representing the grocery industry. One of the appointments of the tempo-
   51  rary  president of the senate shall be a member, officer, or employee of
   52  a national high technology trade association with a significant presence
   53  in the state representing the radio frequency identification  technology
   54  manufacturing  industry.  An organization shall be considered a consumer
   55  advocacy organization if it advocates for enhanced  consumer  protection
       A. 1032                             3
    1  in  the  marketplace,  educates  consumers,  and researches and analyzes
    2  consumer issues, including consumers' right to privacy.
    3    S 5. The chairperson of the consumer protection board and the director
    4  of  the  office  for  technology or their designees shall serve as joint
    5  chairpersons of the task force.
    6    S 6. The task force may consult  with  any  organization,  educational
    7  institution, governmental agency, or person.
    8    S  7.  The members of the task force shall serve without compensation,
    9  except that at-large members shall be allowed their necessary and actual
   10  expenses incurred in the performance of their duties under this act.
   11    S 8. The consumer protection board shall provide the task  force  with
   12  such  facilities,  assistance, and data as will enable the task force to
   13  carry out its powers and duties. Additionally, all other departments  or
   14  agencies  of  the state or subdivisions thereof shall, at the request of
   15  the chairpersons, provide the task force with such  facilities,  assist-
   16  ance, and data as will enable the task force to carry out its powers and
   17  duties.
   18    S 9. This act shall take effect immediately.