Bill S3195A-2013

Establishes the New York state automatic identification technology privacy task force

Establishes the New York state automatic identification technology privacy task force, to consist of: the chairperson of the consumer protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, the mayor of the city of New York and 11 at-large members to be appointed by the governor and the legislative leaders; the task force shall report to the governor and the legislature regarding: existing state law, regulations, programs, policies, and practices related to the use of radio frequency identification technology; the privacy issues associated with the use of radio frequency identification technology by public and private entities; research on privacy issues associated with the use of radio frequency identification technology; current and anticipated or possible future uses of radio frequency identification technology; the benefits to consumers and businesses from the use of radio frequency identification technology; the need to prohibit or restrict the use of radio frequency identification technology in certain situations; and public awareness on the use of radio frequency identification technology.

Details

Actions

  • Jan 29, 2014: PRINT NUMBER 3195A
  • Jan 29, 2014: AMEND AND RECOMMIT TO FINANCE
  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 31, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S3195A

TITLE OF BILL: An act to establish the New York state automatic identification technology privacy task force

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a task force that would assess various privacy issues associated with the use of automatic identification technologies by public and private entities.

This bill would authorize and direct the establishment of the New York state automatic identification privacy task force. The task force would be charged with providing a report to the governor and legislature with specific findings and recommendations, including whether legislation is needed to regulate the use of automatic identification technology, no later than November 30, 2015. The bill would direct the chairperson of the consumer protection board and the director of the office for technology to serve as joint chairpersons of the seventeen member task force.

JUSTIFICATION:

The right to privacy is a personal and fundamental right. Automated systems used to identify, track, record, store and transfer data, commonly referred to as automatic identification systems, are increasingly being used by public and private entities, including retailers, manufacturers, and hospitals. As the price of automatic identification technology decreases, the employment of this technology is expected to increase rapidly. Several major retailers, including Walhart, Target and Best Buy, are moving rapidly to add one type of automatic identification technology, Radio Frequency Identification (RFID) tags, to products they sell. This new technology has privacy implications, including the potential for the tracking of movements of a person who possesses or handles objects containing radio frequency identification tags and the profiling of consumers without their consent.

The New York state automatic identification task force would determine the need for the State to regulate this technology in order to ensure personal privacy.

PRIOR LEGISLATIVE HISTORY:

2011-2012: S.1821 - Finance 2010: S.7269-A/A.275-A Passed Senate and Assembly; Vetoed 2008: S.165-B Referred to Finance A.225-B Passed Assembly 2006: S.7974-B Referred to Finance A.9506 Passed Assembly

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3195--A 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________
Introduced by Sens. PARKER, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recom- mitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Legislative intent. The legislature finds that new technol- ogies can have a profound impact on people and social systems. The use of new technologies can be very beneficial, but care must be taken to ensure that such technologies are used responsibly. Automated systems used to identify, track, record, store and transfer data, commonly referred to as automatic identification technology, are increasingly being used by public and private entities, including retailers, manufac- turers, and hospitals. The legislature recognizes that as the price of automatic identification technology decreases, the employment of this technology is expected to increase rapidly. The legislature further recognizes that automatic identification technologies may have privacy implications affecting consumers and the general public. The legislature further recognizes that such technology has numerous applications bene- ficial to public and private entities and affecting both consumers and the general public. The legislature further recognizes that understand- ing various applications and potential privacy concerns regarding auto- matic identification technology is an area that needs study and review in order to determine what protections, if any, are needed to protect personal privacy. S 2. The New York state automatic identification technology privacy task force is hereby established. The role of the task force includes, but is not limited to:
(a) assessing the privacy issues associated with the application of automatic identification technologies, including but not limited to optical bar code scanning, radio frequency identification, smart card, and optical memory card technologies by public and private entities, including but not limited to, state, county, and local governments, retailers, manufacturers, employers, and schools; (b) assessing the practical applications associated with automatic identification technologies, including, but not limited to, the tracking of merchandise within a chain of distribution, protection of merchandise against theft, and other beneficial uses by state, county and local governments, retailers, manufacturers, employers and schools; and (c) preparing a report for submission to the governor and the legisla- ture that provides specific recommendations regarding: existing state laws, regulations, programs, policies, and practices related to the use of automatic identification technology and whether legislation is neces- sary to regulate the use of such technology; the privacy issues associ- ated with the use of automatic identification technology by public and private entities; research on privacy issues associated with the use of automatic identification technology; current and anticipated or possible future uses of automatic identification technology; the benefits to consumers and businesses from the use of automatic identification tech- nology; and public awareness on the use of automatic identification technology. S 3. The task force shall issue its findings, in the form of a report, no later than November 30, 2016. S 4. The task force shall consist of a total of seventeen members and shall include the chairperson of the consumer protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, and the mayor of the city of New York, or a designee of any of said officers. The remaining elev- en, at-large members shall be appointed as follows: three shall be appointed by the governor; three shall be appointed by the temporary president of the senate and one by the minority leader of the senate; three shall be appointed by the speaker of the assembly and one by the minority leader of the assembly. One each of the appointments of the governor, temporary president of the senate, and the speaker of the assembly shall be a member, officer, or employee of a consumer advocacy organization. One of the appointments of the governor shall be a member, officer, or employee of a financial institution that employs automatic identification technology systems in one or more of its products. One of the appointments of the governor shall be a member, officer, or employee of a statewide association representing and advocating for the interests of local governments. One of the appointments of the speaker of the assembly shall be a member, officer, or employee of a statewide trade association representing primarily retail businesses. One of the appointments of the speaker of the assembly shall be a member, officer, or employee of a manufacturer of radio frequency identification systems. One of the appointments of the temporary president of the senate shall be a member, officer, or employee of a statewide trade association representing the grocery industry. One of the appointments of the tempo- rary president of the senate shall be a member, officer, or employee of a national high technology trade association with a significant presence in the state representing the radio frequency identification technology manufacturing industry. An organization shall be considered a consumer advocacy organization if it advocates for enhanced consumer protection
in the marketplace, educates consumers, and researches and analyzes consumer issues, including consumers' right to privacy. S 5. The chairperson of the consumer protection board and the director of the office for technology or their designees shall serve as joint chairpersons of the task force. S 6. The task force may consult with any organization, educational institution, governmental agency, or person. S 7. The members of the task force shall serve without compensation, except that at-large members shall be allowed their necessary and actual expenses incurred in the performance of their duties under this act. S 8. The consumer protection board shall provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties. Additionally, all other departments or agencies of the state or subdivisions thereof shall, at the request of the chairpersons, provide the task force with such facilities, assist- ance, and data as will enable the task force to carry out its powers and duties. S 9. This act shall take effect immediately.

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