Bill Text: NY S07806 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the New York state automatic identification technology privacy task force, to consist of: the superintendent of the department of financial services, 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 automatic identification technology; the privacy issues associated 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 technology; and public awareness on the use of automatic identification technology.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-20 - REFERRED TO RULES [S07806 Detail]
Download: New_York-2011-S07806-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7806
I N S E N A T E
June 20, 2012
___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
25 optical bar code scanning, radio frequency identification, smart card,
26 and optical memory card technologies by public and private entities,
27 including but not limited to, state, county, and local governments,
28 retailers, manufacturers, employers, and schools;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00365-04-1
S. 7806 2
1 (b) assessing the practical applications associated with automatic
2 identification technologies, including, but not limited to, the tracking
3 of merchandise within a chain of distribution, protection of merchandise
4 against theft, and other beneficial uses by state, county and local
5 governments, retailers, manufacturers, employers and schools; and
6 (c) preparing a report for submission to the governor and the legisla-
7 ture that provides specific recommendations regarding: existing state
8 laws, regulations, programs, policies, and practices related to the use
9 of automatic identification technology and whether legislation is neces-
10 sary to regulate the use of such technology; the privacy issues associ-
11 ated with the use of automatic identification technology by public and
12 private entities; research on privacy issues associated with the use of
13 automatic identification technology; current and anticipated or possible
14 future uses of automatic identification technology; the benefits to
15 consumers and businesses from the use of automatic identification tech-
16 nology; and public awareness on the use of automatic identification
17 technology.
18 S 3. The task force shall issue its findings, in the form of a report,
19 no later than November 30, 2013.
20 S 4. The task force shall consist of a total of seventeen members and
21 shall include the superintendent of the department of financial
22 services, the secretary of state, the commissioner of education, the
23 director of the office for technology, the attorney general, and the
24 mayor of the city of New York, or a designee of any of said officers.
25 The remaining eleven, at-large members shall be appointed as follows:
26 three shall be appointed by the governor; three shall be appointed by
27 the temporary president of the senate and one by the minority leader of
28 the senate; three shall be appointed by the speaker of the assembly and
29 one by the minority leader of the assembly. One each of the appointments
30 of the governor, temporary president of the senate, and the speaker of
31 the assembly shall be a member, officer, or employee of a consumer advo-
32 cacy organization. One of the appointments of the governor shall be a
33 member, officer, or employee of a financial institution that employs
34 automatic identification technology systems in one or more of its
35 products. One of the appointments of the governor shall be a member,
36 officer, or employee of a statewide association representing and advo-
37 cating for the interests of local governments. One of the appointments
38 of the speaker of the assembly shall be a member, officer, or employee
39 of a statewide trade association representing primarily retail busi-
40 nesses. One of the appointments of the speaker of the assembly shall be
41 a member, officer, or employee of a manufacturer of radio frequency
42 identification systems. One of the appointments of the temporary presi-
43 dent of the senate shall be a member, officer, or employee of a state-
44 wide trade association representing the grocery industry. One of the
45 appointments of the temporary president of the senate shall be a member,
46 officer, or employee of a national high technology trade association
47 with a significant presence in the state representing the radio frequen-
48 cy identification technology manufacturing industry. An organization
49 shall be considered a consumer advocacy organization if it advocates for
50 enhanced consumer protection in the marketplace, educates consumers, and
51 researches and analyzes consumer issues, including consumers' right to
52 privacy.
53 S 5. The secretary of state and the director of the office for tech-
54 nology or their designees shall serve as joint chairpersons of the task
55 force.
S. 7806 3
1 S 6. The task force may consult with any organization, educational
2 institution, governmental agency, or person.
3 S 7. The members of the task force shall serve without compensation,
4 except that at-large members shall be allowed their necessary and actual
5 expenses incurred in the performance of their duties under this act.
6 S 8. The secretary of state shall provide the task force with such
7 facilities, assistance, and data as will enable the task force to carry
8 out its powers and duties. Additionally, all other departments or agen-
9 cies of the state or subdivisions thereof shall, at the request of the
10 chairpersons, provide the task force with such facilities, assistance,
11 and data as will enable the task force to carry out its powers and
12 duties.
13 S 9. This act shall take effect immediately.
