STATE OF NEW YORK
        ________________________________________________________________________
                                          11332
                   IN ASSEMBLY
                                   September 19, 2018
                                       ___________
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Abinanti,
          Colton, Raia, Davila, Montesano,  Galef,  Mosley)  --  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 Assem-
        bly, do enact as follows:
     1    Section 1. Notwithstanding any law, rule or regulation to the  contra-
     2  ry, in the absence of legal authorization issued by a court of competent
     3  jurisdiction,  the state, state agencies and departments and contractors
     4  engaged in business with the state,  its  agencies  or  departments  are
     5  prohibited from utilizing any record management system or plan:
     6    a.  as  a  repository  of,  storage  system for, or a means of sharing
     7  facial recognition functionality; and
     8    b. as a repository or storage system for aggregate License Plate Read-
     9  er (LPR) data records, aggregate audio surveillance  recordings,  aggre-
    10  gate video surveillance images, or aggregate driver license photographs;
    11  provided  that nothing in this section shall prevent an authorized state
    12  agency or department from  storing  in  a  record  management  system  a
    13  specifically-identified license plate reader data record, audio surveil-
    14  lance  record,  video  surveillance  record,  driver  license photograph
    15  record that was lawfully obtained as part of a specific criminal  inves-
    16  tigation; nor shall anything in this section prevent the sharing through
    17  a  record  management  system  of such a specifically-identified license
    18  plate reader  record,  audio  surveillance  record,  video  surveillance
    19  record  or  driver license photograph record that may lawfully be shared
    20  under the laws of the State of New York.
    21    § 2. This act shall take effect on the first of January next  succeed-
    22  ing the date upon which it shall have become a law. Effective immediate-
    23  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    24  necessary for the implementation of this act on its effective  date  are
    25  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.
                                                                   LBD16447-01-8