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A00275 Summary:

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A00275 Floor Votes:

A00275 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         275--A
                                                                 Cal. No. 36
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by M. of A. PHEFFER, DESTITO, KAVANAGH, JAFFEE, ROSENTHAL --
          Multi-Sponsored by -- M. of A.  BOYLAND,  FARRELL  --  read  once  and
          referred  to  the  Committee  on  Consumer  Affairs  and Protection --

          reported from committee, advanced to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        AN ACT to establish the New York state automatic identification technol-
          ogy privacy task force
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds that new technol-
     2  ogies can have a profound impact on people and social systems.  The  use
     3  of  new  technologies  can be very beneficial, but care must be taken to
     4  ensure that such technologies are used  responsibly.  Automated  systems
     5  used  to  identify,  track,  record,  store  and transfer data, commonly
     6  referred to as automatic  identification  technology,  are  increasingly
     7  being used by public and private entities, including retailers, manufac-

     8  turers,  and  hospitals. The legislature recognizes that as the price of
     9  automatic identification technology decreases, the  employment  of  this
    10  technology  is  expected  to  increase  rapidly. The legislature further
    11  recognizes that automatic identification technologies may  have  privacy
    12  implications affecting consumers and the general public. The legislature
    13  further  recognizes that such technology has numerous applications bene-
    14  ficial to public and private entities and affecting both  consumers  and
    15  the  general public. The legislature further recognizes that understand-
    16  ing various applications and potential privacy concerns regarding  auto-
    17  matic  identification  technology is an area that needs study and review
    18  in order to determine what protections, if any, are  needed  to  protect
    19  personal privacy.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD03053-06-9
        A. 275--A                           2
 
     1    §  2.  The  New York state automatic identification technology privacy
     2  task force is hereby established. The role of the task  force  includes,
     3  but is not limited to:
     4    (a)  assessing  the  privacy issues associated with the application of
     5  automatic identification technologies,  including  but  not  limited  to
     6  optical  bar  code scanning, radio frequency identification, smart card,
     7  and optical memory card technologies by  public  and  private  entities,
     8  including  but  not  limited  to,  state, county, and local governments,
     9  retailers, manufacturers, employers, and schools;

    10    (b) assessing the practical  applications  associated  with  automatic
    11  identification technologies, including, but not limited to, the tracking
    12  of merchandise within a chain of distribution, protection of merchandise
    13  against  theft,  and  other  beneficial  uses by state, county and local
    14  governments, retailers, manufacturers, employers and schools; and
    15    (c) preparing a report for submission to the governor and the legisla-
    16  ture that provides specific recommendations  regarding:  existing  state
    17  laws,  regulations, programs, policies, and practices related to the use
    18  of automatic identification technology and whether legislation is neces-
    19  sary to regulate the use of such technology; the privacy issues  associ-
    20  ated  with  the use of automatic identification technology by public and
    21  private entities; research on privacy issues associated with the use  of

    22  automatic identification technology; current and anticipated or possible
    23  future  uses  of  automatic  identification  technology; the benefits to
    24  consumers and businesses from the use of automatic identification  tech-
    25  nology;  and  public  awareness  on  the use of automatic identification
    26  technology.
    27    § 3. The task force shall issue its findings, in the form of a report,
    28  no later than November 30, 2011.
    29    § 4. The task force shall consist of a total of seventeen members  and
    30  shall  include  the  chairperson  of  the consumer protection board, the
    31  secretary of state, the commissioner of education, the director  of  the
    32  office  for  technology, the attorney general, and the mayor of the city
    33  of New York, or a designee of any of said officers. The remaining  elev-
    34  en,  at-large  members  shall  be  appointed  as follows: three shall be

    35  appointed by the governor; three shall be  appointed  by  the  temporary
    36  president  of  the  senate and one by the minority leader of the senate;
    37  three shall be appointed by the speaker of the assembly and one  by  the
    38  minority  leader  of  the  assembly. One each of the appointments of the
    39  governor, temporary president of the senate,  and  the  speaker  of  the
    40  assembly  shall be a member, officer, or employee of a consumer advocacy
    41  organization. One of the appointments of the governor shall be a member,
    42  officer, or employee of a financial institution that  employs  automatic
    43  identification technology systems in one or more of its products. One of
    44  the appointments of the governor shall be a member, officer, or employee
    45  of a statewide association representing and advocating for the interests
    46  of  local  governments.  One  of  the appointments of the speaker of the

    47  assembly shall be a member, officer, or employee of  a  statewide  trade
    48  association   representing  primarily  retail  businesses.  One  of  the
    49  appointments of the speaker of the assembly shall be a member,  officer,
    50  or employee of a manufacturer of radio frequency identification systems.
    51  One  of  the appointments of the temporary president of the senate shall
    52  be a member, officer, or  employee  of  a  statewide  trade  association
    53  representing the grocery industry. One of the appointments of the tempo-
    54  rary  president of the senate shall be a member, officer, or employee of
    55  a national high technology trade association with a significant presence
    56  in the state representing the radio frequency identification  technology
        A. 275--A                           3
 
     1  manufacturing  industry.  An organization shall be considered a consumer

     2  advocacy organization if it advocates for enhanced  consumer  protection
     3  in  the  marketplace,  educates  consumers,  and researches and analyzes
     4  consumer issues, including consumers' right to privacy.
     5    § 5. The chairperson of the consumer protection board and the director
     6  of  the  office  for  technology or their designees shall serve as joint
     7  chairpersons of the task force.
     8    § 6. The task force may consult  with  any  organization,  educational
     9  institution, governmental agency, or person.
    10    §  7.  The members of the task force shall serve without compensation,
    11  except that at-large members shall be allowed their necessary and actual
    12  expenses incurred in the performance of their duties under this act.
    13    § 8. The consumer protection board shall provide the task  force  with
    14  such  facilities,  assistance, and data as will enable the task force to

    15  carry out its powers and duties. Additionally, all other departments  or
    16  agencies  of  the state or subdivisions thereof shall, at the request of
    17  the chairpersons, provide the task force with such  facilities,  assist-
    18  ance, and data as will enable the task force to carry out its powers and
    19  duties.
    20    § 9. This act shall take effect immediately.