Prohibits 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.
STATE OF NEW YORK
________________________________________________________________________
9172
IN SENATE
October 5, 2018
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
