Bill Text: NY A00276 | 2009-2010 | General Assembly | Introduced
Bill Title: Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of RFID devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags; restricts aggregation and disclosure of personal information; provides for enforcement by the attorney general, injunctions and civil penalties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to consumer affairs and protection [A00276 Detail]
Download: New_York-2009-A00276-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
276
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PHEFFER, DESTITO -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to regulating the
use of radio frequency identification tags by retail mercantile estab-
lishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "radio frequency identification right to know act".
3 S 2. The general business law is amended by adding a new article 12-C
4 to read as follows:
5 ARTICLE 12-C
6 RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW
7 SECTION 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW.
8 S 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW. 1. DEFINITIONS.
9 AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
10 MEANINGS:
11 A. "AFFILIATE" MEANS A PERSON RELATED TO A RETAIL MERCANTILE ESTAB-
12 LISHMENT THAT CARRIES ON DIRECT OR RELATED FUNCTIONS OF SUCH ESTABLISH-
13 MENT.
14 B. "DEACTIVATE" MEANS TO DISABLE OR OTHERWISE RENDER UNUSABLE.
15 C. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT IS
16 USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL
17 PRODUCT IS SOLD TO CONSUMERS. SUCH TERM SHALL NOT APPLY TO PETS OR
18 DOMESTICATED ANIMALS.
19 D. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING A NATURAL
20 PERSON WHICH, BECAUSE OF NAME, NUMBER, SYMBOL, MARK, OR OTHER IDENTIFI-
21 ER, CAN BE USED TO IDENTIFY THAT NATURAL PERSON.
22 E. "RADIO FREQUENCY IDENTIFICATION" MEANS ANY TECHNOLOGY THAT USES
23 RADIO WAVES OR OTHER WIRELESS MEANS TO TRANSMIT IDENTIFYING INFORMATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03050-01-9
A. 276 2
1 BETWEEN A TAG, BADGE, OR OTHER DEVICE AND A READER WITHOUT PHYSICAL
2 CONTACT.
3 F. "RADIO FREQUENCY IDENTIFICATION TAG" MEANS A DEVICE THAT IS
4 ATTACHED TO, EMBEDDED IN, OR MADE PART OF A RETAIL PRODUCT OR ITS PACK-
5 AGE THAT USES RADIO FREQUENCY IDENTIFICATION TECHNOLOGY TO TRANSMIT A
6 UNIQUE NUMBER OR IDENTIFIER TO A READER.
7 G. "READER" MEANS A DEVICE THAT IS CAPABLE OF USING RADIO WAVES OR
8 OTHER WIRELESS MEANS TO COMMUNICATE WITH, AND READ THE INFORMATION TRAN-
9 SMITTED BY, A RADIO FREQUENCY IDENTIFICATION TAG.
10 2. NOTICES. A. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT SELLS OR
11 OFFERS FOR SALE MERCHANDISE CONTAINING RADIO FREQUENCY IDENTIFICATION
12 TAGS SHALL POST A NOTICE SO INFORMING CONSUMERS. SUCH NOTICE SHALL
13 DISCLOSE THAT:
14 (1) THE ESTABLISHMENT OFFERS ITEMS WITH RADIO FREQUENCY IDENTIFICATION
15 TAGS;
16 (2) NEW YORK STATE LAW REQUIRES THE ESTABLISHMENT TO REMOVE OR DISABLE
17 ALL RADIO FREQUENCY IDENTIFICATION TAGS BEFORE TAGGED ITEMS LEAVE THE
18 ESTABLISHMENT; AND
19 (3) THE ESTABLISHMENT IS REQUIRED TO PROVIDE CONSUMERS, ON REQUEST,
20 WITH PERSONAL INFORMATION GATHERED WITHIN THE ESTABLISHMENT THROUGH THE
21 RADIO FREQUENCY IDENTIFICATION TAGS USED IN THE ESTABLISHMENT.
22 SUCH NOTICE SHALL BE POSTED ON A SIGN AFFIXED TO EACH CASH REGISTER OR
23 POINT OF SALE AT WHICH SUCH GOODS ARE OFFERED FOR SALE OR ON A SIGN SO
24 SITUATED AS TO BE CLEARLY VISIBLE TO THE BUYER FROM EACH CASH REGISTER.
25 B. NO RETAIL MERCANTILE ESTABLISHMENT SHALL SELL OR OFFER FOR SALE
26 ANY ITEM OR PACKAGE THAT CONTAINS OR BEARS A RADIO FREQUENCY IDENTIFICA-
27 TION TAG UNLESS SUCH ITEM OR PACKAGE IS LABELED WITH A NOTICE STATING
28 THAT SUCH ITEM OR PACKAGE CONTAINS OR BEARS A RADIO FREQUENCY IDENTIFI-
29 CATION TAG, AND THAT THE RADIO FREQUENCY IDENTIFICATION TAG CAN TRANSMIT
30 UNIQUE IDENTIFICATION INFORMATION TO AN INDEPENDENT READER BOTH BEFORE
31 AND AFTER PURCHASE. SUCH LABEL SHALL BE POSTED ON THE ITEM OR PACKAGE IN
32 A CONSPICUOUS TYPE SIZE AND LOCATION AND IN PRINT THAT CONTRASTS WITH
33 THE BACKGROUND AGAINST WHICH IT APPEARS.
34 C. UPON WRITTEN REQUEST OF A CONSUMER, A RETAIL MERCANTILE ESTABLISH-
35 MENT THAT HAS GATHERED PERSONAL INFORMATION THROUGH RADIO FREQUENCY
36 IDENTIFICATION TAGS SHALL RELEASE TO THE REQUESTER ALL OF THE STORED
37 PERSONAL INFORMATION PERTAINING TO THE REQUESTER. EVERY RETAIL MERCAN-
38 TILE ESTABLISHMENT SHALL MAKE AVAILABLE TO CONSUMERS A FORM FOR SUCH
39 REQUESTS.
40 3. REMOVAL. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT OFFERS ITEMS OR
41 PACKAGES THAT CONTAIN OR BEAR RADIO FREQUENCY IDENTIFICATION TAGS SHALL
42 REMOVE OR DEACTIVATE ALL TAGS AT THE POINT OF SALE. IN ADDITION:
43 A. ALL COSTS OF WHATSOEVER NAME OR NATURE FOR THE REMOVAL OR DEACTI-
44 VATION OF A RADIO FREQUENCY IDENTIFICATION TAG SHALL BE BORNE BY THE
45 RETAIL MERCANTILE ESTABLISHMENT;
46 B. A RETAIL MERCANTILE ESTABLISHMENT SHALL NOT COERCE CONSUMERS INTO
47 KEEPING RADIO FREQUENCY IDENTIFICATION TAGS ON ITEMS OR PACKAGES BY
48 REQUIRING ITEMS OR PACKAGES TO BE EXCHANGED, RETURNED, REPAIRED, OR
49 SERVICED TO CONTAIN OR BEAR ACTIVE TAGS; AND
50 C. A RADIO FREQUENCY IDENTIFICATION TAG, ONCE REMOVED OR DEACTIVATED,
51 SHALL NOT BE REACTIVATED WITHOUT EXPRESS CONSENT OF THE CONSUMER ASSOCI-
52 ATED WITH THE TAGGED ITEM.
53 4. AGGREGATION OF PERSONAL INFORMATION AND RADIO FREQUENCY IDENTIFICA-
54 TION TAG INFORMATION. A. NO RETAIL MERCANTILE ESTABLISHMENT SHALL
55 COMBINE OR LINK A CONSUMER'S PERSONAL INFORMATION WITH INFORMATION GATH-
56 ERED BY, OR CONTAINED WITHIN, A RADIO FREQUENCY IDENTIFICATION TAG.
A. 276 3
1 B. NO RETAIL MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
2 AFFILIATE, DISCLOSE TO A NONAFFILIATED THIRD PARTY A CONSUMER'S PERSONAL
3 INFORMATION ASSOCIATED WITH INFORMATION GATHERED BY, OR CONTAINED WITH-
4 IN, A RADIO FREQUENCY IDENTIFICATION TAG.
5 C. NO RETAIL MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
6 AFFILIATE OR NONAFFILIATED THIRD PARTY, USE INFORMATION GATHERED BY, OR
7 CONTAINED WITHIN, A RADIO FREQUENCY IDENTIFICATION TAG TO IDENTIFY A
8 CONSUMER.
9 5. ENFORCEMENT. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,
10 AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
11 PEOPLE OF THE STATE OF NEW YORK, TO A COURT OR JUSTICE HAVING JURISDIC-
12 TION, BY A SPECIAL PROCEEDING, TO ISSUE AN INJUNCTION, AND, UPON NOTICE
13 TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
14 CONTINUANCE OF SUCH VIOLATION; AND, IF IT SHALL APPEAR TO THE SATISFAC-
15 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
16 THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,
17 ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING
18 PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN
19 ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY
20 GENERAL, AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION
21 EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND
22 DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
23 OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF
24 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. EACH SALE, OR
25 OFFERING FOR SALE, OF AN ITEM OR PACKAGE IN VIOLATION OF THIS SECTION
26 SHALL CONSTITUTE A SEPARATE VIOLATION. IN CONNECTION WITH ANY SUCH
27 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
28 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
29 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
30 S 3. If any item, clause, sentence, subparagraph, subdivision,
31 section, or other part of this act, or the application thereof to any
32 person or circumstances shall be held to be invalid, such holding shall
33 not affect, impair or invalidate the remainder of this act, or the
34 application of such section or part of a section held invalid, to any
35 other person or circumstances, but shall be confined in its operation to
36 the item, clause, sentence, subparagraph, subdivision, section, or other
37 part of this act directly involved in such holding, or to the person and
38 circumstances therein involved.
39 S 4. This act shall take effect January 1, 2011.
