Bill Text: NY S03099 | 2013-2014 | General Assembly | Amended
Bill Title: Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of radio frequency identification devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags; restricts aggregation and disclosure of personal information; provides for enforcement by the attorney general, injunctions and civil penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-01-30 - PRINT NUMBER 3099A [S03099 Detail]
Download: New_York-2013-S03099-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3099--A
2013-2014 Regular Sessions
I N S E N A T E
January 30, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
recommitted to the Committee on Consumer Protection in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to regulating the
use of radio frequency identification tags by retail mercantile estab-
lishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "radio frequency identification right to know act".
3 S 2. The general business law is amended by adding a new article 12-C
4 to read as follows:
5 ARTICLE 12-C
6 RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW
7 SECTION 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW.
8 S 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW. 1. DEFINITIONS.
9 AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
10 MEANINGS:
11 A. "AFFILIATE" MEANS A PERSON RELATED TO A RETAIL MERCANTILE ESTAB-
12 LISHMENT THAT CARRIES ON DIRECT OR RELATED FUNCTIONS OF SUCH ESTABLISH-
13 MENT.
14 B. "DEACTIVATE" MEANS TO DISABLE OR OTHERWISE RENDER UNUSABLE.
15 C. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT IS
16 USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL
17 PRODUCT IS SOLD TO CONSUMERS. SUCH TERM SHALL NOT APPLY TO PETS OR
18 DOMESTICATED ANIMALS.
19 D. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING A NATURAL
20 PERSON WHICH, BECAUSE OF NAME, NUMBER, SYMBOL, MARK, OR OTHER IDENTIFI-
21 ER, CAN BE USED TO IDENTIFY THAT NATURAL PERSON.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06834-02-4
S. 3099--A 2
1 E. "RADIO FREQUENCY IDENTIFICATION" MEANS ANY TECHNOLOGY THAT USES
2 RADIO WAVES OR OTHER WIRELESS MEANS TO TRANSMIT IDENTIFYING INFORMATION
3 BETWEEN A TAG, BADGE, OR OTHER DEVICE AND A READER WITHOUT PHYSICAL
4 CONTACT.
5 F. "RADIO FREQUENCY IDENTIFICATION TAG" MEANS A DEVICE THAT IS
6 ATTACHED TO, EMBEDDED IN, OR MADE PART OF A RETAIL PRODUCT OR ITS PACK-
7 AGE THAT USES RADIO FREQUENCY IDENTIFICATION TECHNOLOGY TO TRANSMIT A
8 UNIQUE NUMBER OR IDENTIFIER TO A READER.
9 G. "READER" MEANS A DEVICE THAT IS CAPABLE OF USING RADIO WAVES OR
10 OTHER WIRELESS MEANS TO COMMUNICATE WITH, AND READ THE INFORMATION TRAN-
11 SMITTED BY, A RADIO FREQUENCY IDENTIFICATION TAG.
12 2. NOTICES. A. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT SELLS OR
13 OFFERS FOR SALE MERCHANDISE CONTAINING RADIO FREQUENCY IDENTIFICATION
14 TAGS SHALL POST A NOTICE SO INFORMING CONSUMERS. SUCH NOTICE SHALL
15 DISCLOSE THAT:
16 (1) THE ESTABLISHMENT OFFERS ITEMS WITH RADIO FREQUENCY IDENTIFICATION
17 TAGS;
18 (2) NEW YORK STATE LAW REQUIRES THE ESTABLISHMENT TO REMOVE OR DISABLE
19 ALL RADIO FREQUENCY IDENTIFICATION TAGS BEFORE TAGGED ITEMS LEAVE THE
20 ESTABLISHMENT; AND
21 (3) THE ESTABLISHMENT IS REQUIRED TO PROVIDE CONSUMERS, ON REQUEST,
22 WITH PERSONAL INFORMATION GATHERED WITHIN THE ESTABLISHMENT THROUGH THE
23 RADIO FREQUENCY IDENTIFICATION TAGS USED IN THE ESTABLISHMENT.
24 SUCH NOTICE SHALL BE POSTED ON A SIGN AFFIXED TO EACH CASH REGISTER OR
25 POINT OF SALE AT WHICH SUCH GOODS ARE OFFERED FOR SALE OR ON A SIGN SO
26 SITUATED AS TO BE CLEARLY VISIBLE TO THE BUYER FROM EACH CASH REGISTER.
27 B. NO RETAIL MERCANTILE ESTABLISHMENT SHALL SELL OR OFFER FOR SALE
28 ANY ITEM OR PACKAGE THAT CONTAINS OR BEARS A RADIO FREQUENCY IDENTIFICA-
29 TION TAG UNLESS SUCH ITEM OR PACKAGE IS LABELED WITH A NOTICE STATING
30 THAT SUCH ITEM OR PACKAGE CONTAINS OR BEARS A RADIO FREQUENCY IDENTIFI-
31 CATION TAG, AND THAT THE RADIO FREQUENCY IDENTIFICATION TAG CAN TRANSMIT
32 UNIQUE IDENTIFICATION INFORMATION TO AN INDEPENDENT READER BOTH BEFORE
33 AND AFTER PURCHASE. SUCH LABEL SHALL BE POSTED ON THE ITEM OR PACKAGE IN
34 A CONSPICUOUS TYPE SIZE AND LOCATION AND IN PRINT THAT CONTRASTS WITH
35 THE BACKGROUND AGAINST WHICH IT APPEARS.
36 C. UPON WRITTEN REQUEST OF A CONSUMER, A RETAIL MERCANTILE ESTABLISH-
37 MENT THAT HAS GATHERED PERSONAL INFORMATION THROUGH RADIO FREQUENCY
38 IDENTIFICATION TAGS SHALL RELEASE TO THE REQUESTER ALL OF THE STORED
39 PERSONAL INFORMATION PERTAINING TO THE REQUESTER. EVERY RETAIL MERCAN-
40 TILE ESTABLISHMENT SHALL MAKE AVAILABLE TO CONSUMERS A FORM FOR SUCH
41 REQUESTS.
42 3. REMOVAL. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT OFFERS ITEMS OR
43 PACKAGES THAT CONTAIN OR BEAR RADIO FREQUENCY IDENTIFICATION TAGS SHALL
44 REMOVE OR DEACTIVATE ALL TAGS AT THE POINT OF SALE. IN ADDITION:
45 A. ALL COSTS OF WHATSOEVER NAME OR NATURE FOR THE REMOVAL OR DEACTI-
46 VATION OF A RADIO FREQUENCY IDENTIFICATION TAG SHALL BE BORNE BY THE
47 RETAIL MERCANTILE ESTABLISHMENT;
48 B. A RETAIL MERCANTILE ESTABLISHMENT SHALL NOT COERCE CONSUMERS INTO
49 KEEPING RADIO FREQUENCY IDENTIFICATION TAGS ON ITEMS OR PACKAGES BY
50 REQUIRING ITEMS OR PACKAGES TO BE EXCHANGED, RETURNED, REPAIRED, OR
51 SERVICED TO CONTAIN OR BEAR ACTIVE TAGS; AND
52 C. A RADIO FREQUENCY IDENTIFICATION TAG, ONCE REMOVED OR DEACTIVATED,
53 SHALL NOT BE REACTIVATED WITHOUT EXPRESS CONSENT OF THE CONSUMER ASSOCI-
54 ATED WITH THE TAGGED ITEM.
55 4. AGGREGATION OF PERSONAL INFORMATION AND RADIO FREQUENCY IDENTIFICA-
56 TION TAG INFORMATION. A. NO RETAIL MERCANTILE ESTABLISHMENT SHALL
S. 3099--A 3
1 COMBINE OR LINK A CONSUMER'S PERSONAL INFORMATION WITH INFORMATION GATH-
2 ERED BY, OR CONTAINED WITHIN, A RADIO FREQUENCY IDENTIFICATION TAG.
3 B. NO RETAIL MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
4 AFFILIATE, DISCLOSE TO A NONAFFILIATED THIRD PARTY A CONSUMER'S PERSONAL
5 INFORMATION ASSOCIATED WITH INFORMATION GATHERED BY, OR CONTAINED WITH-
6 IN, A RADIO FREQUENCY IDENTIFICATION TAG.
7 C. NO RETAIL MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
8 AFFILIATE OR NONAFFILIATED THIRD PARTY, USE INFORMATION GATHERED BY, OR
9 CONTAINED WITHIN, A RADIO FREQUENCY IDENTIFICATION TAG TO IDENTIFY A
10 CONSUMER.
11 5. ENFORCEMENT. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,
12 AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
13 PEOPLE OF THE STATE OF NEW YORK, TO A COURT OR JUSTICE HAVING JURISDIC-
14 TION, BY A SPECIAL PROCEEDING, TO ISSUE AN INJUNCTION, AND, UPON NOTICE
15 TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
16 CONTINUANCE OF SUCH VIOLATION; AND, IF IT SHALL APPEAR TO THE SATISFAC-
17 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
18 THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,
19 ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING
20 PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN
21 ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY
22 GENERAL, AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION
23 EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND
24 DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
25 OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF
26 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. EACH SALE, OR
27 OFFERING FOR SALE, OF AN ITEM OR PACKAGE IN VIOLATION OF THIS SECTION
28 SHALL CONSTITUTE A SEPARATE VIOLATION. IN CONNECTION WITH ANY SUCH
29 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
30 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
31 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
32 S 3. If any item, clause, sentence, subparagraph, subdivision,
33 section, or other part of this act, or the application thereof to any
34 person or circumstances shall be held to be invalid, such holding shall
35 not affect, impair or invalidate the remainder of this act, or the
36 application of such section or part of a section held invalid, to any
37 other person or circumstances, but shall be confined in its operation to
38 the item, clause, sentence, subparagraph, subdivision, section, or other
39 part of this act directly involved in such holding, or to the person and
40 circumstances therein involved.
41 S 4. This act shall take effect January 1, 2016.
