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NY S08196

Bill

Status

Introduced

6/16/2010

Primary Sponsor

Kevin Parker

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Requires retail mercantile establishments to post notices at cash registers disclosing the use of radio frequency identification (RFID) tags, the state law requirement to remove or disable tags before purchase, and consumers' right to request personally gathered information.

  • Mandates that individual items or packages containing RFID tags be labeled in conspicuous type with notice that the tag can transmit unique identification information before and after purchase.

  • Requires retail establishments to remove or deactivate all RFID tags at the point of sale at the establishment's expense, and prohibits coercing consumers to keep active tags as a condition of exchanges, returns, repairs, or servicing.

  • Prohibits retail establishments from combining consumer personal information with RFID tag data, disclosing such linked information to third parties, or using RFID information to identify consumers.

  • Authorizes the Attorney General to seek injunctions and civil penalties of up to $500 per violation (each sale constitutes a separate violation) for violations of the act; effective January 1, 2011.

Legislative Description

Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of RFID devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags; restricts aggregation and disclosure of personal information; provides for enforcement by the attorney general, injunctions and civil penalties.

Last Action

REFERRED TO RULES

6/16/2010

Committee Referrals

Rules6/16/2010

Full Bill Text

No bill text available