Resolution calling on the New York State Legislature to reintroduce and pass, and the Governor to sign, legislation to establish a task force to study facial recognition technology and its proper regulatory approach

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Res. No. 748 ..Title Resolution calling on the New York State Legislature to reintroduce and pass, and the Governor to sign, legislation to establish a task force to study facial recognition technology and its proper regulatory approach ..Body By Council Members Williams, Louis and Banks Whereas, Facial recognition technology is capable of identifying or verifying a person's identity from a digital image, video frame, or video source by comparing facial features from a given image with facial features within a database; and Whereas, Facial recognition technology can be used to speed up airport security checks, unlock personal devices, and verify identities to grant access to buildings; and Whereas, While facial recognition technology has potential benefits, it also carries risks, including significant disparities in false positive and false negative rates across particular demographic groups, most commonly impacting Black individuals, people of East Asian and South Asian descent, women, and older adults, according to reports by the United States Commission on Civil Rights and the National Academy of Sciences; and Whereas, Despite the risks and disparities associated with facial recognition technology, New York City ("NYC" or "City") agencies already use the technology, including the New York Police Department ("NYPD"), according to the "Facial Recognition: Impact and Use Policy" report published by NYPD in 2023 pursuant to Local Law 65 of 2020, and the Department of Investigations, according to the "Summary of Agency Compliance Reporting of Algorithmic Tools" report published by the Office of Technology and Innovation in 2023 pursuant to Local Law 35 of 2022; and Whereas, Private companies in the City also already use facial recognition technology which has drawn public attention, such as in 2022 when Madison Square Garden ("MSG") Entertainment used facial recognition technology to bar an attorney from entering an MSG venue based on its "attorney exclusion list," sparking public debate about its use in private settings; and Whereas, The use of facial recognition technology by both public and private entities has led to debates on how the technology ought to be regulated, as evidenced by the City Council's Committee on Technology hearing on June 10, 2024, during which organizations such as the Surveillance Technology Oversight Project, New York Civil Liberties Union, and the Legal Aid Society submitted testimony in support of legislation that would restrict the use of facial recognition technology in public places and residential buildings in the City, while organizations such as the Real Estate Board of New York, the National Supermarket Association, and the Retail Council of New York State opposed such legislation; and Whereas, Further study and information on the risks associated with facial recognition technology and the best regulatory practices for such technology would greatly assist the City in determining the most effective and equitable approach to using or regulating this technology; and Whereas, A.2642, introduced for the 2023-2024 session by Assembly Member Clyde Vanel, and the companion bill S.4824, introduced for the 2023-2024 session by State Senator James Sanders Jr., would establish a task force to study privacy concerns associated with facial recognition technology, potential misuse or abuse of this technology, and methods employed by other localities or countries to regulate this technology; and Whereas, The findings and recommendations of this task force would provide critical guidance to New York City in crafting policies to mitigate the risks of facial recognition technology while exploring its potential benefits; now, therefore, be it Resolved, That the Council of the City of New York calls on the New York State Legislature to reintroduce and pass, and the Governor to sign, legislation to establish a task force to study facial recognition technology and its proper regulatory approach. EB LS #18602 1/21/2025 1:15PM 2

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