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The proposed legislation in New York aims to prohibit landlords from utilizing facial recognition technology in residential settings. This move is intended to protect tenant privacy and prevent potential misuse of surveillance technology. The bill outlines specific definitions and penalties for violations, impacting landlords who may currently employ such systems.
Key Provisions
Prohibits landlords from using facial recognition systems on residential premises.
Defines 'facial recognition' and 'facial recognition system'.
Allows the Attorney General to seek injunctions and impose civil penalties.
Individuals can sue for damages if their rights are violated.
Civil penalties can reach up to $10,000 for violations.
Effective 120 days after becoming law.
Latest Legislative Action
COMMITTED TO RULES
Bill Sponsors
Name
Role
Brad Hoylman-Sigal
Primary
Kevin S. ParkerD
Primary
SANDERS
Primary
Jabari BrisportD
Cosponsor
Julia SalazarD
Cosponsor
Roll Call Votes
Judiciary Vote ·
May 14, 2024
14 Yea 5 NayPassed ✓
Compliance Checklist
Cease use of any facial recognition systems on residential properties Who: Landlords Penalty: Up to $10,000 for violations
Ensure no information from facial recognition systems is retained or accessed Who: Landlords Penalty: Civil penalties and potential lawsuits from affected individuals
The bill S02478 amends the real property law to introduce a new section that explicitly prohibits landlords from obtaining, retaining, accessing, or using facial recognition systems on residential premises. This includes any information derived from such systems. The legislation is designed to safeguard tenant privacy and limit the potential misuse of facial recognition technology in residential environments. Compliance is mandatory for all landlords operating within New York State, and the bill specifies that it takes effect 120 days after becoming law. Violations of this law can lead to significant penalties, including civil fines of up to $10,000. The New York Attorney General is empowered to seek injunctions against violators, and individuals affected by unauthorized facial recognition use can also pursue legal action for damages. This dual enforcement mechanism enhances the bill's effectiveness and provides multiple avenues for accountability. Key definitions within the bill clarify what constitutes a 'facial recognition system' and the scope of its prohibited use. The bill aligns with growing concerns over privacy and surveillance, reflecting similar legislative trends in other states that are also moving to regulate facial recognition technology. As such, landlords must be aware of their obligations under this new law to avoid legal repercussions.
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