Bill Text: NY A10913 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits facial recognition technology to be used in connection with an officer camera used by both local and state police including the storage of biometric data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-08-17 - referred to governmental operations [A10913 Detail]
Download: New_York-2019-A10913-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10913 IN ASSEMBLY August 17, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fernandez) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting facial recognition technology to be used in connection with an officer camera; and providing for the repeal of such provisions upon expira- tion thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 837-u 2 to read as follows: 3 § 837-u. Use of facial recognition in connection with an officer 4 camera prohibited. 1. Definitions. For the purposes of this section, 5 the following terms shall have the following meanings: 6 (a) "Biometric data" means a physiological, biological or behavioral 7 characteristic that can be used, singly or in combination with each 8 other or with other information, to establish individual identity. 9 (b) (i) "Facial recognition or other biometric surveillance" means 10 either of the following, alone or in combination: 11 (1) An automated or semi-automated process by which a person is iden- 12 tified or attempted to be identified based on the characteristics of 13 their face or based on their biometric data, including identification of 14 known or unknown individuals or groups; and/or 15 (2) An automated or semi-automated process that generates, or assists 16 in generating, surveillance information about an individual based on the 17 characteristics of an individual's face or based on biometric data. 18 (ii) "Facial recognition or other biometric surveillance" shall not 19 include the use of an automated or semi-automated process for the 20 purpose of redacting a recording for release or disclosure outside a 21 police agency to protect the privacy of a subject depicted in the 22 recording, if the process does not generate or result in the retention 23 of any biometric data or surveillance information. 24 (c) "Facial recognition or biometric surveillance system" means any 25 computer software or application that performs facial recognition or 26 other biometric surveillance. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13977-01-9A. 10913 2 1 (d) "Police agency", "police officer" and "peace officer" shall have 2 the same meanings as defined under section eight hundred thirty-five of 3 this article. 4 (e) "Officer camera" means a body-worn camera or similar device that 5 records or transmits images or sound and is attached to the body or 6 clothing of, or carried by, a police officer or peace officer. 7 (f) "Surveillance information" means either of the following, alone or 8 in combination: 9 (i) Any information about a known or unknown individual, including but 10 not limited to, a person's name, date of birth, gender or criminal back- 11 ground; and/or 12 (ii) Any information derived from biometric data, including but not 13 limited to, assessments about an individual's sentiment, state of mind 14 or level of dangerousness. 15 (g) "Use" means either of the following, alone or in combination: 16 (i) The direct use of a facial recognition or biometric surveillance 17 system by a police agency, police officer or peace officer; and/or 18 (ii) A request by a police officer or peace officer that a police 19 agency or other third party use a facial recognition or biometric 20 surveillance system on behalf of the requesting entity. 21 2. No police agency, police officer or peace officer shall install, 22 activate or use any facial recognition or biometric surveillance system 23 in connection with an officer camera or data collected by an officer 24 camera. 25 3. In addition to any other sanctions, penalties or remedies provided 26 by law, a person may bring an action for equitable or declaratory relief 27 in a court of competent jurisdiction against a police agency, police 28 officer or peace officer that violates this section. 29 4. This section does not preclude a police agency, police officer or 30 peace officer from using a mobile fingerprint scanning device during a 31 lawful detention to identify a person who does not have proof of iden- 32 tification if this use is lawful and does not generate or result in the 33 retention of any biometric data or surveillance information. 34 § 2. The executive law is amended by adding a new section 234 to read 35 as follows: 36 § 234. Use of facial recognition in connection with an officer camera 37 prohibited. 1. Definitions. For the purposes of this section, the 38 following terms shall have the following meanings: 39 (a) "Biometric data" means a physiological, biological or behavioral 40 characteristic that can be used, singly or in combination with each 41 other or with other information, to establish individual identity. 42 (b) (i) "Facial recognition or other biometric surveillance" means 43 either of the following, alone or in combination: 44 (1) An automated or semi-automated process by which a person is iden- 45 tified or attempted to be identified based on the characteristics of 46 their face or based on their biometric data, including identification of 47 known or unknown individuals or groups; and/or 48 (2) An automated or semi-automated process that generates, or assists 49 in generating, surveillance information about an individual based on the 50 characteristics of an individual's face or based on biometric data. 51 (ii) "Facial recognition or other biometric surveillance" shall not 52 include the use of an automated or semi-automated process for the 53 purpose of redacting a recording for release or disclosure outside the 54 division of state police to protect the privacy of a subject depicted in 55 the recording, if the process does not generate or result in the 56 retention of any biometric data or surveillance information.A. 10913 3 1 (c) "Facial recognition or biometric surveillance system" means any 2 computer software or application that performs facial recognition or 3 other biometric surveillance. 4 (d) "Officer camera" means a body-worn camera or similar device that 5 records or transmits images or sound and is attached to the body or 6 clothing of, or carried by, a member of the state police. 7 (e) "Surveillance information" means either of the following, alone or 8 in combination: 9 (i) Any information about a known or unknown individual, including but 10 not limited to, a person's name, date of birth, gender or criminal back- 11 ground; and/or 12 (ii) Any information derived from biometric data, including but not 13 limited to, assessments about an individual's sentiment, state of mind 14 or level of dangerousness. 15 (f) "Use" means either of the following, alone or in combination: 16 (i) The direct use of a facial recognition or biometric surveillance 17 system by a member of the state police; and/or 18 (ii) A request by a member of the state police that a police agency or 19 other third party use a facial recognition or biometric surveillance 20 system on behalf of the requesting entity. 21 2. No member of the state police shall install, activate or use any 22 facial recognition or biometric surveillance system in connection with 23 an officer camera or data collected by an officer camera. 24 3. In addition to any other sanctions, penalties or remedies provided 25 by law, a person may bring an action for equitable or declaratory relief 26 in a court of competent jurisdiction against a member of the state 27 police that violates this section. 28 4. This section does not preclude a member of the state police from 29 using a mobile fingerprint scanning device during a lawful detention to 30 identify a person who does not have proof of identification if this use 31 is lawful and does not generate or result in the retention of any biome- 32 tric data or surveillance information. 33 § 3. This act shall take effect on the ninetieth day after it shall 34 have become a law and shall expire and be deemed repealed 5 years after 35 such date.
