Bill Text: NY A08373 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the use of a facial recognition system by any person on public school premises.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-15 - referred to education [A08373 Detail]

Download: New_York-2019-A08373-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019

        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Education

        AN  ACT  to  amend the real property law, in relation to prohibiting the
          use of a facial recognition system in public schools

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  real property law is amended by adding a new section
     2  235-h to read as follows:
     3    § 235-h. Unlawful use of facial recognition system. 1. As used in this
     4  section:
     5    (a) "Facial recognition" means both:
     6    (1) the automated or semi-automated process by which a person is iden-
     7  tified or attempted to be identified based  on  the  characteristics  of
     8  their  face, including identification of known or unknown individuals or
     9  groups; and
    10    (2) the automated or semi-automated process by  which  the  character-
    11  istics  of  an  individual's face are analyzed to determine the individ-
    12  ual's sentiment, state of mind, or other propensities including but  not
    13  limited to level of dangerousness.
    14    (b)  "Facial recognition system" means any computer software or appli-
    15  cation that performs facial recognition.
    16    2. Notwithstanding any law, rule or regulation to the contrary, it  is
    17  unlawful for any person to obtain, retain, access, or use, on any public
    18  school premises:
    19    (a) any facial recognition system; or
    20    (b)  any  information  obtained from or by use of a facial recognition
    21  system.
    22    3. (a) Wherever there shall be a violation of this section, an  appli-
    23  cation  may be made by the attorney general in the name of the people of
    24  the state of New York to a court or justice having jurisdiction to issue
    25  an injunction, and upon notice to the defendant of not  less  than  five

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8373                             2

     1  days,  to enjoin and restrain the continuance of such violations; and if
     2  it shall appear to the satisfaction of the court or  justice,  that  the
     3  defendant  has,  in  fact,  violated  this  section an injunction may be
     4  issued  by  such  court or justice enjoining and restraining any further
     5  violation, without requiring proof that any person has,  in  fact,  been
     6  injured  or  damaged thereby. In any such proceeding, the court may make
     7  allowances to the attorney general  as  provided  in  paragraph  six  of
     8  subdivision (a) of section eighty-three hundred three of the civil prac-
     9  tice  law  and  rules, and direct restitution.  Whenever the court shall
    10  determine that a violation of this section has occurred, the  court  may
    11  impose  a  civil  penalty  of  not  more  than  ten thousand dollars. In
    12  connection with any such proposed application, the attorney  general  is
    13  authorized  to take proof and make a determination of the relevant facts
    14  and to issue subpoenas in accordance with the  civil  practice  law  and
    15  rules.
    16    (b) In addition to the right of action granted to the attorney general
    17  pursuant  to  this  section, any person who has been subjected to facial
    18  recognition in violation of this section, or about whom information  has
    19  been obtained, retained, accessed, or used in violation of this chapter,
    20  may bring an action in any court of competent jurisdiction:
    21    (1) to enjoin such violation; and
    22    (2)  to  recover actual damages, or to receive one thousand dollars in
    23  damages for such violation, whichever is greater.
    24    (c) A court shall award costs and  reasonable  attorneys'  fees  to  a
    25  plaintiff  who  is the prevailing party in an action brought under para-
    26  graph (b) of this subdivision.
    27    § 2. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.