Bill Text: NY S01076 | 2021-2022 | 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 7-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S01076 Detail]
Download: New_York-2021-S01076-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1076 2021-2022 Regular Sessions IN SENATE January 6, 2021 ___________ Introduced by Sens. HOYLMAN, KRUEGER, MYRIE, PERSAUD, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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-w 2 to read as follows: 3 § 837-w. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02559-01-1S. 1076 2 1 recording, if the process does not generate or result in the retention 2 of any biometric data or surveillance information. 3 (c) "Facial recognition or biometric surveillance system" means any 4 computer software or application that performs facial recognition or 5 other biometric surveillance. 6 (d) "Police agency", "police officer" and "peace officer" shall have 7 the same meanings as defined under section eight hundred thirty-five of 8 this article. 9 (e) "Officer camera" means a body-worn camera or similar device that 10 records or transmits images or sound and is attached to the body or 11 clothing of, or carried by, a police officer or peace officer. 12 (f) "Surveillance information" means either of the following, alone or 13 in combination: 14 (i) Any information about a known or unknown individual, including but 15 not limited to, a person's name, date of birth, gender or criminal back- 16 ground; and/or 17 (ii) Any information derived from biometric data, including but not 18 limited to, assessments about an individual's sentiment, state of mind 19 or level of dangerousness. 20 (g) "Use" means either of the following, alone or in combination: 21 (i) The direct use of a facial recognition or biometric surveillance 22 system by a police agency, police officer or peace officer; and/or 23 (ii) A request by a police officer or peace officer that a police 24 agency or other third party use a facial recognition or biometric 25 surveillance system on behalf of the requesting entity. 26 2. No police agency, police officer or peace officer shall install, 27 activate or use any facial recognition or biometric surveillance system 28 in connection with an officer camera or data collected by an officer 29 camera. 30 3. In addition to any other sanctions, penalties or remedies provided 31 by law, a person may bring an action for equitable or declaratory relief 32 in a court of competent jurisdiction against a police agency, police 33 officer or peace officer that violates this section. 34 4. This section does not preclude a police agency, police officer or 35 peace officer from using a mobile fingerprint scanning device during a 36 lawful detention to identify a person who does not have proof of iden- 37 tification if this use is lawful and does not generate or result in the 38 retention of any biometric data or surveillance information. 39 § 2. The executive law is amended by adding a new section 235 to read 40 as follows: 41 § 235. Use of facial recognition in connection with an officer camera 42 prohibited. 1. Definitions. For the purposes of this section, the 43 following terms shall have the following meanings: 44 (a) "Biometric data" means a physiological, biological or behavioral 45 characteristic that can be used, singly or in combination with each 46 other or with other information, to establish individual identity. 47 (b) (i) "Facial recognition or other biometric surveillance" means 48 either of the following, alone or in combination: 49 (1) An automated or semi-automated process by which a person is iden- 50 tified or attempted to be identified based on the characteristics of 51 their face or based on their biometric data, including identification of 52 known or unknown individuals or groups; and/or 53 (2) An automated or semi-automated process that generates, or assists 54 in generating, surveillance information about an individual based on the 55 characteristics of an individual's face or based on biometric data.S. 1076 3 1 (ii) "Facial recognition or other biometric surveillance" shall not 2 include the use of an automated or semi-automated process for the 3 purpose of redacting a recording for release or disclosure outside the 4 division of state police to protect the privacy of a subject depicted in 5 the recording, if the process does not generate or result in the 6 retention of any biometric data or surveillance information. 7 (c) "Facial recognition or biometric surveillance system" means any 8 computer software or application that performs facial recognition or 9 other biometric surveillance. 10 (d) "Officer camera" means a body-worn camera or similar device that 11 records or transmits images or sound and is attached to the body or 12 clothing of, or carried by, a member of the state police. 13 (e) "Surveillance information" means either of the following, alone or 14 in combination: 15 (i) Any information about a known or unknown individual, including but 16 not limited to, a person's name, date of birth, gender or criminal back- 17 ground; and/or 18 (ii) Any information derived from biometric data, including but not 19 limited to, assessments about an individual's sentiment, state of mind 20 or level of dangerousness. 21 (f) "Use" means either of the following, alone or in combination: 22 (i) The direct use of a facial recognition or biometric surveillance 23 system by a member of the state police; and/or 24 (ii) A request by a member of the state police that a police agency or 25 other third party use a facial recognition or biometric surveillance 26 system on behalf of the requesting entity. 27 2. No member of the state police shall install, activate or use any 28 facial recognition or biometric surveillance system in connection with 29 an officer camera or data collected by an officer camera. 30 3. In addition to any other sanctions, penalties or remedies provided 31 by law, a person may bring an action for equitable or declaratory relief 32 in a court of competent jurisdiction against a member of the state 33 police that violates this section. 34 4. This section does not preclude a member of the state police from 35 using a mobile fingerprint scanning device during a lawful detention to 36 identify a person who does not have proof of identification if this use 37 is lawful and does not generate or result in the retention of any biome- 38 tric data or surveillance information. 39 § 3. This act shall take effect on the ninetieth day after it shall 40 have become a law and shall expire and be deemed repealed 5 years after 41 such date.
