October Policy Updates

October Policy Updates: Worker Classification, Privacy, and More

October 11, 2019 • Estimated Reading Time: 6 minutes

October Policy Updates

October Policy Updates

After a relatively quiet summer, the New York State Legislature and New York City Council have inserted themselves into a number of tech policy issues. We are tracking these developments and are actively engaging on a number of issues relevant to our community. 

Here’s what’s happening this month:  

1. Gig Economy and Worker Classification

: On October 16, the New York State Senate will be holding a

to ‘examine the gig economy’ and determine potential legislative solutions which benefit workers.

Late last legislative session, a

to create a third worker classification was introduced, but it did not progress and it was widely opposed—by both industry and labor. In light of California’s recent passage of

, New York lawmakers are primed to take action and as of right now, they are leaning towards the AB5 model. Tech:NYC has been meeting with legislators on this issue and will be testifying at the October 16 hearing.

Tech:NYC opposes the AB5 model due to the negative consequences the legislation will have for technology companies and for workers, and the lack of actual benefits the legislation will guarantee to workers. Tech:NYC will advocate for a mix of policies, like a portable benefits exchange and the extension of certain government programs to independent workers. When it comes to this issue, we believe New York can find a more balanced and impactful solution than California. 

To that end,

if this is an issue you care about or that impacts your business and we have not been in touch, please let us know.

We will be convening a series of conversations on this issue in the months ahead.  

2.

Privacy Legislation

: On October 25, the New York State Senate will be holding a

to examine consumer data privacy and potential privacy legislation. This hearing is open to the public and the Senate is only looking to hear from impacted users, not subject matter experts or companies.

Last legislative session, the

was introduced and had a

. Tech:NYC testified at the hearing, opposing the legislation due to a significant number of issues, including an unclear data fiduciary model. An amended version of this bill could still advance next year and there are likely to be a number of other proposed privacy measures. Tech:NYC is actively engaging with relevant lawmakers and closely monitoring the issue.

Separately, the City Council location data

introduced in July has picked up 15 co-sponsors. The legislation has yet to receive a hearing and we are discussing the legislation’s manifold drawbacks with lawmakers. 

3.

Biometric Recognition Technology

: Earlier this week the NYC Council held an oversight

on biometric technology. The hearing focused on the private sector and government uses of biometric recognition technology, and three pieces of legislation:

  • Introduction 1170 would require any commercial establishments using biometric technology on their premises to post conspicuous notice at the entrance and make further information about the system available online.

  • Introduction 1672 would require any residential buildings using biometric recognition technology to register the use with NYC DOITT and for DOITT to publish a list of the buildings.

  • T2019-4579 would require residential buildings to provide residents with a physical key. 

These pieces of legislation are fairly measured, especially in light of nationwide calls to ban facial recognition technology. At the hearing, the administration opposed the legislation due to predicted difficulties with implementation/enforcement and most privacy advocates conditionally supported the legislation, while calling for a complete moratorium on biometric recognition technology usage. Due to the administration’s opposition, the legislation will likely not progress in the near future.

4.

Amicus Curiae Opportunity - Public Charge Rule

: As you know, the Trump administration is currently planning to reshape the legal immigration system, unilaterally and without Congress. The administration is planning to expand the "public charge rule," so that green card and other visa applicants could be denied for being “more likely than not” to use certain public benefits. This rule change would subject U.S. companies to an immense new red tape burden and make it impossible to hire many talented workers from around the world (read more

).

Our friends at Boundless Immigration, a tech startup that helps families navigate the immigration system, have retained a law firm to draft the full amicus brief opposing the rule on behalf of the business community.If you would like to learn more contact Boundless CEO and Co-founder Xiao Wang at [email protected] and if you would like to provisionally sign on, go here.

If you have any questions about an update and/or would like to engage on these issues, email Tech:NYC's Policy Director Zach Hecht.