S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          119
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A. DINOWITZ, ROSENTHAL, KAVANAGH, JAFFEE, ENGLE-
         BRIGHT -- Multi-Sponsored by -- M. of A.  FARRELL  --  read  once  and
         referred to the Committee on Consumer Affairs and Protection
       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.
   20    S  2.  The  New York state automatic identification technology privacy
   21  task force is hereby established. The role of the task  force  includes,
   22  but is not limited to:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01436-01-5
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    1    (a)  assessing  the  privacy issues associated with the application of
    2  automatic identification technologies,  including  but  not  limited  to
    3  optical  bar  code scanning, radio frequency identification, smart card,
    4  and optical memory card technologies by  public  and  private  entities,
    5  including  but  not  limited  to,  state, county, and local governments,
    6  retailers, manufacturers, employers, and schools;
    7    (b) assessing the practical  applications  associated  with  automatic
    8  identification technologies, including, but not limited to, the tracking
    9  of merchandise within a chain of distribution, protection of merchandise
   10  against  theft,  and  other  beneficial  uses by state, county and local
   11  governments, retailers, manufacturers, employers and schools; and
   12    (c) preparing a report for submission to the governor and the legisla-
   13  ture that provides specific recommendations  regarding:  existing  state
   14  laws,  regulations, programs, policies, and practices related to the use
   15  of automatic identification technology and whether legislation is neces-
   16  sary to regulate the use of such technology; the privacy issues  associ-
   17  ated  with  the use of automatic identification technology by public and
   18  private entities; research on privacy issues associated with the use  of
   19  automatic identification technology; current and anticipated or possible
   20  future  uses  of  automatic  identification  technology; the benefits to
   21  consumers and businesses from the use of automatic identification  tech-
   22  nology;  and  public  awareness  on  the use of automatic identification
   23  technology.
   24    S 3. The task force shall issue its findings, in the form of a report,
   25  no later than November 30, 2016.
   26    S 4. The task force shall consist of a total of seventeen members  and
   27  shall   include  the  superintendent  of  the  department  of  financial
   28  services, the secretary of state, the  commissioner  of  education,  the
   29  director  of the office of information technology services, the attorney
   30  general, and the mayor of the city of New York, or a designee of any  of
   31  said officers. The remaining eleven, at-large members shall be appointed
   32  as  follows:  three  shall  be appointed by the governor; three shall be
   33  appointed by the temporary president of the senate and one by the minor-
   34  ity leader of the senate; three shall be appointed by the speaker of the
   35  assembly and one by the minority leader of the assembly. One each of the
   36  appointments of the governor, temporary president of the senate, and the
   37  speaker of the assembly shall be a member, officer,  or  employee  of  a
   38  consumer  advocacy organization. One of the appointments of the governor
   39  shall be a member, officer, or employee of a financial institution  that
   40  employs  automatic  identification  technology systems in one or more of
   41  its products. One of the appointments of the governor shall be a member,
   42  officer, or employee of a statewide association representing  and  advo-
   43  cating  for  the interests of local governments. One of the appointments
   44  of the speaker of the assembly shall be a member, officer,  or  employee
   45  of  a  statewide  trade  association representing primarily retail busi-
   46  nesses. One of the appointments of the speaker of the assembly shall  be
   47  a  member,  officer,  or  employee  of a manufacturer of radio frequency
   48  identification systems.  One of the appointments of the temporary presi-
   49  dent of the senate shall be a member, officer, or employee of  a  state-
   50  wide  trade  association  representing  the grocery industry. One of the
   51  appointments of the temporary president of the senate shall be a member,
   52  officer, or employee of a national  high  technology  trade  association
   53  with a significant presence in the state representing the radio frequen-
   54  cy  identification  technology  manufacturing  industry. An organization
   55  shall be considered a consumer advocacy organization if it advocates for
   56  enhanced consumer protection in the marketplace, educates consumers, and
       A. 119                              3
    1  researches and analyzes consumer issues, including consumers'  right  to
    2  privacy.
    3    S 5. The secretary of state and the director of the office of informa-
    4  tion  technology services or their designees shall serve as joint chair-
    5  persons of the task force.
    6    S 6. The task force may consult  with  any  organization,  educational
    7  institution, governmental agency, or person.
    8    S  7.  The members of the task force shall serve without compensation,
    9  except that at-large members shall be allowed their necessary and actual
   10  expenses incurred in the performance of their duties under this act.
   11    S 8. The secretary of state shall provide the  task  force  with  such
   12  facilities,  assistance, and data as will enable the task force to carry
   13  out its powers and duties. Additionally, all other departments or  agen-
   14  cies  of  the state or subdivisions thereof shall, at the request of the
   15  chairpersons, provide the task force with such  facilities,  assistance,
   16  and  data  as  will  enable  the  task force to carry out its powers and
   17  duties.
   18    S 9. This act shall take effect immediately.