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AB8042 Summary:

COSPNSRMosley, Raia, Jean-Pierre
Enacts the "facial recognition technology study act" to study privacy concerns and potential regulatory approaches to the development of facial recognition technology.
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AB8042 Actions:

05/31/2019referred to governmental operations
01/08/2020referred to governmental operations
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AB8042 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to enact the "facial recognition technology study act"   PURPOSE OR GENERAL IDEA OF BILL: Creating Task Force study and provide a report on facial recognition technology in the state   SUMMARY OF PROVISIONS: Section 1 specifies the title of the Act Section 2 sets topic of the study, the date and timeframe for the report Section 3 specifies how the members of Task Force will be appointed   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: Biometric artificial intelligence such as facial recognition technology is capable of identifying or verifying a person from a digital image or a video•frame from a video source. In general, the technology compares selected facial features from given image with faces within a database. As with many advances in artificial intelligence, there are countless beneficial uses, yet we must properly guard against abuse and misuse of the technology. Some local governments around the nation have banned the technology- while states are considering the same. The FACIAL RECOGNITION TECHNOLOGY STUDY ACT would create a task force of experts to help New York determine the proper regulatory environment for the technology. We recognize that there are many benefits to using the technology. The challenge is-how to use it properly- for New York.   PRIOR LEGISLATIVE HISTORY: N/A   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: Effective immediately
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AB8042 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      May 31, 2019
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Governmental Operations
        AN ACT to enact the "facial recognition technology study act"
          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 "facial recognition technology study act".
     3    § 2. a. A task force is hereby established to study the proper regula-
     4  tory approach to the development of facial recognition  technology.  For
     5  purposes of this act "facial recognition technology" shall mean technol-
     6  ogy capable of identifying or verifying a person from a digital image or
     7  a video frame or from a video source by comparing facial features from a
     8  given image with faces within a database.
     9    b. The task force shall study:
    10    (i)  the potential privacy concerns that facial recognition technology
    11  presents to individuals and the public;
    12    (ii) the regulatory actions other  states,  localities,  or  countries
    13  have taken with regard to the development of such technology;
    14    (iii) the ways such technology can be misused or abused;
    15    (iv)  the  best  administrative methods for regulating such technology
    16  and how to prepare for future developments through  innovation  of  such
    17  technology; and
    18    (v)  any  other  subject  that is related to the intent of this act as
    19  determined by the chairperson.
    20    c. No later than one year after the effective date of  this  act,  the
    21  task  force  shall  report its findings to the governor and the legisla-
    22  ture, as described under subdivision b of this section.
    23    § 3. a. The task force shall be comprised of:
    24    (i) two members appointed by the governor;
    25    (ii) two members appointed by the temporary president of the senate;
    26    (iii) two members appointed by the speaker of the assembly; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8042                             2
     1    (iv) one member appointed by the director of the office of information
     2  technology services.
     3    b.  One of the appointments by the governor shall serve as chairperson
     4  of the task force.
     5    c. The members of the task force shall  receive  no  compensation  for
     6  their services, but shall be allowed their actual and necessary expenses
     7  incurred in the performance of their services.
     8    d.  All  departments,  divisions,  bureaus,  commissions, districts or
     9  agencies of the state or any political subdivisions  thereof  shall,  at
    10  the request of the chairperson, provide the task force with such facili-
    11  ties, assistance and data as will enable the task force to carry out its
    12  powers and duties.
    13    § 4. This act shall take effect immediately.
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