S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          761
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       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:
   23    (a) assessing the privacy issues associated with  the  application  of
   24  automatic  identification  technologies,  including  but  not limited to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01436-01-5
       S. 761                              2
    1  optical bar code scanning, radio frequency identification,  smart  card,
    2  and  optical  memory  card  technologies by public and private entities,
    3  including but not limited to,  state,  county,  and  local  governments,
    4  retailers, manufacturers, employers, and schools;
    5    (b)  assessing  the  practical  applications associated with automatic
    6  identification technologies, including, but not limited to, the tracking
    7  of merchandise within a chain of distribution, protection of merchandise
    8  against theft, and other beneficial uses  by  state,  county  and  local
    9  governments, retailers, manufacturers, employers and schools; and
   10    (c) preparing a report for submission to the governor and the legisla-
   11  ture  that  provides  specific recommendations regarding: existing state
   12  laws, regulations, programs, policies, and practices related to the  use
   13  of automatic identification technology and whether legislation is neces-
   14  sary  to regulate the use of such technology; the privacy issues associ-
   15  ated with the use of automatic identification technology by  public  and
   16  private  entities; research on privacy issues associated with the use of
   17  automatic identification technology; current and anticipated or possible
   18  future uses of automatic  identification  technology;  the  benefits  to
   19  consumers  and businesses from the use of automatic identification tech-
   20  nology; and public awareness on  the  use  of  automatic  identification
   21  technology.
   22    S 3. The task force shall issue its findings, in the form of a report,
   23  no later than November 30, 2016.
   24    S  4. The task force shall consist of a total of seventeen members and
   25  shall  include  the  superintendent  of  the  department  of   financial
   26  services,  the  secretary  of  state, the commissioner of education, the
   27  director of the office of information technology services, the  attorney
   28  general,  and the mayor of the city of New York, or a designee of any of
   29  said officers. The remaining eleven, at-large members shall be appointed
   30  as follows: three shall be appointed by the  governor;  three  shall  be
   31  appointed by the temporary president of the senate and one by the minor-
   32  ity leader of the senate; three shall be appointed by the speaker of the
   33  assembly and one by the minority leader of the assembly. One each of the
   34  appointments of the governor, temporary president of the senate, and the
   35  speaker  of  the  assembly  shall be a member, officer, or employee of a
   36  consumer advocacy organization. One of the appointments of the  governor
   37  shall  be a member, officer, or employee of a financial institution that
   38  employs automatic identification technology systems in one  or  more  of
   39  its products. One of the appointments of the governor shall be a member,
   40  officer,  or  employee of a statewide association representing and advo-
   41  cating for the interests of local governments. One of  the  appointments
   42  of  the  speaker of the assembly shall be a member, officer, or employee
   43  of a statewide trade association  representing  primarily  retail  busi-
   44  nesses.  One of the appointments of the speaker of the assembly shall be
   45  a member, officer, or employee of  a  manufacturer  of  radio  frequency
   46  identification systems.  One of the appointments of the temporary presi-
   47  dent  of  the senate shall be a member, officer, or employee of a state-
   48  wide trade association representing the grocery  industry.  One  of  the
   49  appointments of the temporary president of the senate shall be a member,
   50  officer,  or  employee  of  a national high technology trade association
   51  with a significant presence in the state representing the radio frequen-
   52  cy identification technology  manufacturing  industry.  An  organization
   53  shall be considered a consumer advocacy organization if it advocates for
   54  enhanced consumer protection in the marketplace, educates consumers, and
   55  researches  and  analyzes consumer issues, including consumers' right to
   56  privacy.
       S. 761                              3
    1    S 5. The secretary of state and the director of the office of informa-
    2  tion technology services or their designees shall serve as joint  chair-
    3  persons of the task force.
    4    S  6.  The  task  force may consult with any organization, educational
    5  institution, governmental agency, or person.
    6    S 7. The members of the task force shall serve  without  compensation,
    7  except that at-large members shall be allowed their necessary and actual
    8  expenses incurred in the performance of their duties under this act.
    9    S  8.  The  secretary  of state shall provide the task force with such
   10  facilities, assistance, and data as will enable the task force to  carry
   11  out  its powers and duties. Additionally, all other departments or agen-
   12  cies of the state or subdivisions thereof shall, at the request  of  the
   13  chairpersons,  provide  the task force with such facilities, assistance,
   14  and data as will enable the task force  to  carry  out  its  powers  and
   15  duties.
   16    S 9. This act shall take effect immediately.