New york bill would ban police use of facial recognition and other biometric surveillance

ALBANY, N.Y. – New York lawmakers are considering a sweeping proposal to prohibit law enforcement from using biometric surveillance technology, while creating a task force to study if and how such tools should ever be allowed.

Assembly Bill A01045, sponsored by Assemblymember Deborah Glick and matched in the Senate as S05609, would bar police agencies, officers and peace officers from acquiring, accessing or using any biometric surveillance system — including software that identifies people or generates surveillance information from biometric data. The measure permits civil actions for equitable or declaratory relief against agencies or officers that violate the ban.

The bill carves out specific exceptions: mobile fingerprint scans during lawful detentions, use of the state DNA identification index, routine fingerprint comparisons for bookings or crime scenes, and internal security systems that verify staff identities. It also prohibits police from using biometric information derived by third parties while performing official duties.

A separate section would establish a 12-member Biometric Surveillance Regulation Task Force, including representatives from state and city law enforcement and appointees with expertise in data privacy, civil rights, technology and defense. The panel must examine current and proposed uses, laws and accuracy standards, assess potential benefits and harms, and, if it recommends allowing any use, propose a full regulatory framework covering permissible and prohibited uses, accuracy thresholds, data management, training, remedies for wrongful targeting, and transparency.

The task force is required to deliver a report between Jan. 1, 2029 and Jan. 1, 2030; that section expires 60 days after the report is transmitted. The act would take effect immediately upon enactment. Co-sponsors include Reyes, Gonzalez-Rojas, Burdick, Mamdani, Simone, Raga, Shimsky, Shrestha and Carroll R.

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Key Points

A01045 bans New York law enforcement from using biometric surveillance systems and allows civil actions for violations.
Exceptions include mobile fingerprint scans, the state DNA index, routine fingerprint processing, and internal access-control systems.
A 12-member task force must study the technology and report between Jan. 1, 2029 and Jan. 1, 2030.

Albany is weighing a hard stop on police biometrics while a blue-ribbon panel decides what—if anything—should come next.

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