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The proposed legislation in New York aims to prohibit landlords from utilizing facial recognition systems in residential settings. This move is intended to protect tenant privacy and prevent potential misuse of facial recognition technology. The bill outlines specific definitions and penalties for violations, impacting landlords and their operations significantly.
Key Provisions
Prohibits landlords from using facial recognition systems on residential premises.
Defines 'facial recognition' and 'facial recognition system'.
Empowers the Attorney General to seek injunctions and impose civil penalties.
Allows affected individuals to sue for damages.
Establishes a minimum penalty of $1,000 for violations.
Takes effect 120 days after becoming law.
Latest Legislative Action
REFERRED TO JUDICIARY
Bill Sponsors
Name
Role
District
Brad HoylmanD
Sponsor
SD-027
Velmanette MontgomeryD
Sponsor
SD-025
Compliance Checklist
Cease use of facial recognition systems on residential properties Who: Landlords Deadline: 120 days after the bill becomes law Penalty: Up to $10,000 per violation
Ensure no information from facial recognition systems is retained or accessed Who: Landlords Deadline: 120 days after the bill becomes law Penalty: Up to $10,000 per violation
The bill S5687 amends the real property law to introduce a new section that explicitly prohibits landlords from obtaining, retaining, accessing, or using facial recognition systems on any residential premises. This prohibition encompasses both the technology itself and any information derived from its use. Landlords must comply with this regulation upon its enactment, which is set to take effect 120 days after becoming law.
In terms of enforcement, the New York Attorney General is empowered to seek injunctions against landlords who violate this law, with the ability to impose civil penalties of up to $10,000 for each violation. Additionally, individuals affected by unauthorized facial recognition use can pursue legal action for damages, with a minimum recovery of $1,000.
Key definitions in the bill clarify what constitutes 'facial recognition' and a 'facial recognition system,' ensuring that landlords understand the scope of the prohibition. This legislation aligns with growing concerns about privacy and surveillance, reflecting similar initiatives in other states aimed at regulating facial recognition technology in various contexts. Overall, the bill represents a significant step towards safeguarding tenant privacy rights in New York.
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