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A03712 Summary:

BILL NOA03712
 
SAME ASSAME AS S03226
 
SPONSOREpstein
 
COSPNSRDickens
 
MLTSPNSR
 
Add §§837-x & 236, Exec L
 
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.
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A03712 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3712
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2023
                                       ___________
 
        Introduced by M. of A. EPSTEIN, DICKENS -- read once and referred to the
          Committee on Governmental Operations
 
        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-x
     2  to read as follows:
     3    § 837-x. 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
    22  recording, if the process does not generate or result in  the  retention
    23  of any biometric data or surveillance information.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07735-01-3

        A. 3712                             2
 
     1    (c)  "Facial  recognition  or biometric surveillance system" means any
     2  computer software or application that  performs  facial  recognition  or
     3  other biometric surveillance.
     4    (d)  "Police  agency", "police officer" and "peace officer" shall have
     5  the same meanings as defined under section eight hundred thirty-five  of
     6  this article.
     7    (e)  "Officer  camera" means a body-worn camera or similar device that
     8  records or transmits images or sound and is  attached  to  the  body  or
     9  clothing of, or carried by, a police officer or peace officer.
    10    (f) "Surveillance information" means either of the following, alone or
    11  in combination:
    12    (i) Any information about a known or unknown individual, including but
    13  not limited to, a person's name, date of birth, gender or criminal back-
    14  ground; and/or
    15    (ii)  Any  information  derived from biometric data, including but not
    16  limited to, assessments about an individual's sentiment, state  of  mind
    17  or level of dangerousness.
    18    (g) "Use" means either of the following, alone or in combination:
    19    (i)  The  direct use of a facial recognition or biometric surveillance
    20  system by a police agency, police officer or peace officer; and/or
    21    (ii) A request by a police officer or  peace  officer  that  a  police
    22  agency  or  other  third  party  use  a  facial recognition or biometric
    23  surveillance system on behalf of the requesting entity.
    24    2. No police agency, police officer or peace  officer  shall  install,
    25  activate  or use any facial recognition or biometric surveillance system
    26  in connection with an officer camera or data  collected  by  an  officer
    27  camera.
    28    3.  In addition to any other sanctions, penalties or remedies provided
    29  by law, a person may bring an action for equitable or declaratory relief
    30  in a court of competent jurisdiction against  a  police  agency,  police
    31  officer or peace officer that violates this section.
    32    4.  This  section does not preclude a police agency, police officer or
    33  peace officer from using a mobile fingerprint scanning device  during  a
    34  lawful  detention  to identify a person who does not have proof of iden-
    35  tification if this use is lawful and does not generate or result in  the
    36  retention of any biometric data or surveillance information.
    37    §  2. The executive law is amended by adding a new section 236 to read
    38  as follows:
    39    § 236. Use of facial recognition in connection with an officer  camera
    40  prohibited.  1.    Definitions.  For  the  purposes of this section, the
    41  following terms shall have the following meanings:
    42    (a) "Biometric data" means a physiological, biological  or  behavioral
    43  characteristic  that  can  be  used,  singly or in combination with each
    44  other or with other information, to establish individual identity.
    45    (b) (i) "Facial recognition or  other  biometric  surveillance"  means
    46  either of the following, alone or in combination:
    47    (1)  An automated or semi-automated process by which a person is iden-
    48  tified or attempted to be identified based  on  the  characteristics  of
    49  their face or based on their biometric data, including identification of
    50  known or unknown individuals or groups; and/or
    51    (2)  An automated or semi-automated process that generates, or assists
    52  in generating, surveillance information about an individual based on the
    53  characteristics of an individual's face or based on biometric data.
    54    (ii) "Facial recognition or other biometric  surveillance"  shall  not
    55  include  the  use  of  an  automated  or  semi-automated process for the
    56  purpose of redacting a recording for release or disclosure  outside  the

        A. 3712                             3
 
     1  division of state police to protect the privacy of a subject depicted in
     2  the  recording,  if  the  process  does  not  generate  or result in the
     3  retention of any biometric data or surveillance information.
     4    (c)  "Facial  recognition  or biometric surveillance system" means any
     5  computer software or application that  performs  facial  recognition  or
     6  other biometric surveillance.
     7    (d)  "Officer  camera" means a body-worn camera or similar device that
     8  records or transmits images or sound and is  attached  to  the  body  or
     9  clothing of, or carried by, a member of the state police.
    10    (e) "Surveillance information" means either of the following, alone or
    11  in combination:
    12    (i) Any information about a known or unknown individual, including but
    13  not limited to, a person's name, date of birth, gender or criminal back-
    14  ground; and/or
    15    (ii)  Any  information  derived from biometric data, including but not
    16  limited to, assessments about an individual's sentiment, state  of  mind
    17  or level of dangerousness.
    18    (f) "Use" means either of the following, alone or in combination:
    19    (i)  The  direct use of a facial recognition or biometric surveillance
    20  system by a member of the state police; and/or
    21    (ii) A request by a member of the state police that a police agency or
    22  other third party use a facial  recognition  or  biometric  surveillance
    23  system on behalf of the requesting entity.
    24    2.  No  member  of the state police shall install, activate or use any
    25  facial recognition or biometric surveillance system in  connection  with
    26  an officer camera or data collected by an officer camera.
    27    3.  In addition to any other sanctions, penalties or remedies provided
    28  by law, a person may bring an action for equitable or declaratory relief
    29  in a court of competent jurisdiction  against  a  member  of  the  state
    30  police that violates this section.
    31    4.  This  section  does not preclude a member of the state police from
    32  using a mobile fingerprint scanning device during a lawful detention  to
    33  identify  a person who does not have proof of identification if this use
    34  is lawful and does not generate or result in the retention of any biome-
    35  tric data or surveillance information.
    36    § 3. This act shall take effect on the ninetieth day  after  it  shall
    37  have  become a law and shall expire and be deemed repealed 5 years after
    38  such date.
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