New York 2025-2026 Regular Session

New York Assembly Bill A01045

Introduced
1/8/25  
Refer
1/8/25  

Caption

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

Summary

This bill would prohibit New York law enforcement agencies, police officers, peace officers, and members of the state police from acquiring, possessing, accessing, installing, activating, or using biometric surveillance systems, as well as biometric or surveillance information derived from such systems. The bill defines biometric information broadly to include facial geometry, fingerprints, voice, gait, iris patterns, DNA sequence, and similar characteristics, and defines biometric surveillance to include automated or semi-automated identification or profiling based on that information. It also creates a private right of action for equitable or declaratory relief against violations. The bill includes narrow exceptions for certain existing law-enforcement uses, such as mobile fingerprint scanning during lawful detention under specified conditions, DNA comparisons through the state DNA identification index, fingerprint comparisons for booking or crime-scene comparisons, and biometric systems used solely for internal security access control. It also establishes a temporary biometric surveillance regulation task force to study current and proposed uses of the technology, evaluate accuracy and disparate impacts, and recommend a future legal framework if law enforcement use is ever authorized. The task force must report between January 1, 2029 and January 1, 2030, and the task force provisions expire 60 days after the report is transmitted.

Impact

The bill would amend the New York Executive Law by adding new sections that impose a statewide ban on law-enforcement use of biometric surveillance systems and related information, while preserving limited exceptions for fingerprinting, DNA indexing, and internal security verification. It would also create a new temporary task force within state government to study biometric surveillance and issue recommendations, with reporting and public posting requirements. If enacted, the bill would significantly restrict police and state police investigative tools involving facial recognition and similar technologies, and would create potential civil enforcement through equitable or declaratory relief.

Sentiment

The bill’s stated purpose and structure reflect a strongly privacy-protective and civil-rights-oriented approach, emphasizing concerns about accuracy, racial and demographic bias, wrongful arrests, and mass surveillance. No committee transcript or vote record is provided, so there is no recorded legislative debate or roll-call sentiment in the supplied materials. Based on the text alone, the bill appears to be framed as a precautionary moratorium rather than a regulatory authorization measure.

Contention

The main point of contention is whether law enforcement should be allowed to use biometric surveillance at all. Supporters of the bill’s approach argue that the technology is unreliable, disproportionately inaccurate for women, young people, and people of color, and poses serious privacy and free-speech risks. Potential opponents would likely focus on the loss of investigative tools, especially facial recognition and other identification technologies, and may argue that the bill goes too far by imposing a broad prohibition rather than stricter regulation. The bill attempts to address some of those concerns by carving out exceptions for fingerprinting, DNA comparisons, and limited security uses.

Companion Bills

NY S05609

Same As Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

Previously Filed As

NY S01609

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

NY A01891

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

NY S01033

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

NY S05609

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

NY S08004

Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for violations.

NY HB5521

BIOMETRIC SURVEILLANCE ACT

NY A3929

Prohibits use of biometric surveillance system by business entity under certain circumstances.

NY S1464

Prohibits use of biometric surveillance system by business entity under certain circumstances.

NY SB071

Use of Surveillance Technology by Law Enforcement

NY A06211

Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for violations.

Similar Bills

No similar bills found.