Enacts the "facial recognition technology study act" to study privacy concerns and potential regulatory approaches to the development of facial recognition technology.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8788
SPONSOR: Vanel TITLE OF BILL:
An act to enact the "facial recognition technology study act"
SUMMARY OF PROVISIONS:
Section 1 specifies the title of the Act
Section 2 sets topic of the study, the date and timeframe for the report
Section 3 specifies how the members of Task Force will be appointed
JUSTIFICATION:
Biometric artificial intelligence such as facial recognition technology
is capable of identifying or verifying a person from a digital image or
a video frame from a video source. In general, the technology compares
selected facial features from given image with faces within a database.
As with many advances in artificial intelligence, there are countless
beneficial uses, yet we must properly guard against abuse and misuse of
the technology.
Some local governments around the nation have banned the technology
while states are considering the same.
The FACIAL RECOGNITION TECHNOLOGY STUDY ACT would create a task force of
experts to help New York determine the proper regulatory environment for
the technology. We recognize that there are many benefits to using the
technology. The challenge is how to use it properly for New York.
PRIOR LEGISLATIVE HISTORY:
2021-22 REFERRED TO SENATE INTERNET AND TECHNOLOGY
2021-22 referred to assembly governmental operations
2020 REFERRED TO SENATE INTERNET AND TECHNOLOGY
2020 referred to assembly governmental operations
2019 REFERRED TO SENATE RULES
2019 referred to assembly governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
8788
2025-2026 Regular Sessions
IN ASSEMBLY
June 5, 2025
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Governmental Operations
AN ACT to enact the "facial recognition technology study act"
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 "facial recognition technology study act".
3 § 2. a. A task force is hereby established to study the proper regula-
4 tory approach to the development of facial recognition technology. For
5 purposes of this act "facial recognition technology" shall mean technol-
6 ogy capable of identifying or verifying a person from a digital image or
7 a video frame or from a video source by comparing facial features from a
8 given image with faces within a database.
9 b. The task force shall study:
10 (i) the potential privacy concerns that facial recognition technology
11 presents to individuals and the public;
12 (ii) the regulatory actions other states, localities, or countries
13 have taken with regard to the development of such technology;
14 (iii) the ways such technology can be misused or abused;
15 (iv) the best administrative methods for regulating such technology
16 and how to prepare for future developments through innovation of such
17 technology; and
18 (v) any other subject that is related to the intent of this act as
19 determined by the chairperson.
20 c. No later than one year after the effective date of this act, the
21 task force shall report its findings to the governor and the legisla-
22 ture, as described under subdivision b of this section.
23 § 3. a. The task force shall be comprised of:
24 (i) two members appointed by the governor;
25 (ii) two members appointed by the temporary president of the senate;
26 (iii) two members appointed by the speaker of the assembly; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07914-01-5
A. 8788 2
1 (iv) one member appointed by the director of the office of information
2 technology services.
3 b. One of the appointments by the governor shall serve as chairperson
4 of the task force.
5 c. The members of the task force shall receive no compensation for
6 their services, but shall be allowed their actual and necessary expenses
7 incurred in the performance of their services.
8 d. All departments, divisions, bureaus, commissions, districts or
9 agencies of the state or any political subdivisions thereof shall, at
10 the request of the chairperson, provide the task force with such facili-
11 ties, assistance and data as will enable the task force to carry out its
12 powers and duties.
13 § 4. This act shall take effect immediately.
