Bill Text: NY S00637 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a public authority closed-circuit television system and surveillance personal privacy act, a state highway closed-circuit television system and surveillance personal privacy act and a municipal closed-circuit television system and surveillance personal privacy act; requires localities authorized to install and operate traffic-control signal photo violation-monitoring devices to adopt and enforce measures to protect privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S00637 Detail]
Download: New_York-2023-S00637-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 637 2023-2024 Regular Sessions IN SENATE January 5, 2023 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, the transportation law and the general municipal law, in relation to establishing a closed-cir- cuit television system and surveillance personal privacy act; and to amend the vehicle and traffic law, in relation to the operation of traffic-control signal photo violation-monitoring devices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declarations. The legislature 2 finds and declares the state has increasingly used camera systems and 3 other surveillance technologies to monitor the daily legal activities of 4 its citizens. Even in public and quasi-public forums, increasing use of 5 government surveillance has a chilling effect on the freedoms and activ- 6 ities of its citizens. Therefore, the legislature finds that the state 7 has an obligation to establish a policy in which the public's privacy 8 interests are protected where camera systems are increasingly used in 9 traffic enforcement, surveillance and other areas. Where these surveil- 10 lance systems are used, the state has an obligation to protect an indi- 11 vidual's right of personal privacy, and consequently, must take all 12 steps to protect personal privacy in all aspects of system planning, 13 design, deployment, operation and maintenance and shall not collect or 14 disseminate any personal identifier information. 15 § 2. The public authorities law is amended by adding a new article 1-B 16 to read as follows: 17 ARTICLE 1-B 18 PUBLIC AUTHORITY CLOSED-CIRCUIT TELEVISION SYSTEM 19 AND SURVEILLANCE PERSONAL PRIVACY ACT 20 Section 52. Definitions. 21 53. Operation of CCTV systems; privacy protections. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00860-01-3S. 637 2 1 54. Restrictions on recording CCTV system video. 2 55. Use and dissemination of CCTV system data. 3 § 52. Definitions. As used in this article: 4 1. The terms "closed-circuit television system," "CCTV system," or 5 "CCTV" shall mean a video camera system and/or network used to collect, 6 transmit and monitor data electronically via a data stream and project 7 such data onto a video monitor, television screen or other monitoring 8 equipment and any other system that allows the collection, viewing, 9 transmission and recording of video images; and such a system is a 10 closed circuit in that it has limited access, and all elements are 11 directly connected and controlled by operators of the system. CCTV 12 system shall not include: any images or videotape prepared pursuant to 13 section twenty-nine hundred eighty-five of this chapter; or any system 14 or network of cameras installed on a CCTV system operator's facilities 15 for other than traffic management purposes. 16 2. "Private entity" shall mean a private corporation or other private 17 organization, including any organization providing news media services 18 or any other information service provider that is not a public service 19 entity. 20 3. "Public service entity" shall mean any public agency, public 21 authority, public corporation, other governmental entity, municipality, 22 accredited academic institution, or not-for-profit public service 23 provider. 24 4. "Incident" shall mean an activity that occurs on or near a public 25 highway, roadway, or right-of-way, that has or could have an impact on 26 the safety of the traveling public or that could cause or contribute to 27 highway congestion, and shall include a vehicular accident, and any 28 violation of law or similar situation that would normally involve the 29 attention of a peace officer. 30 5. "Personal identifier information" shall mean any data or video 31 representation that could: 32 (a) identify an individual driver or passenger in or on any vehicle; 33 (b) identify any license plate of a vehicle; 34 (c) identify the contents of the enclosed interior of a passenger 35 vehicle; or 36 (d) show the individual travel pattern of a specific vehicle. 37 6. "CCTV system operator" shall mean any public authority as defined 38 in this chapter that owns or operates a CCTV system. 39 § 53. Operation of CCTV systems; privacy protections. 1. The cameras 40 of a CCTV system subject to this article shall be continuously focused 41 on the highway and feeder and exit roads for which the system is 42 intended to provide information for traffic management, provided, howev- 43 er, such cameras may show adjacent lands where it is not practical to 44 avoid such monitoring during CCTV operation as provided in this article, 45 and this provision shall not prohibit such monitoring in the event of a 46 public health danger or safety emergency. 47 2. No CCTV system operator shall allow the cameras to be focused on 48 private property for the purpose of monitoring any activity or person on 49 such property, provided however, that this provision shall not prohibit 50 such monitoring to the extent that it becomes necessary in the event of 51 a public health danger or safety emergency. 52 3. A CCTV system operator shall not operate its CCTV system to collect 53 personal identifier information data, except pursuant to an order of a 54 court of competent jurisdiction, and except that such data may be 55 collected without a court order in a public health danger or safety 56 emergency situation to provide for the safety of the public, includingS. 637 3 1 the gathering of information necessary to provide the appropriate 2 response to an incident, or public health danger or safety emergency. 3 4. A CCTV system operator shall adopt policies and practices to imple- 4 ment the requirements of this article. No person shall be employed in 5 the operation of a CCTV system until he or she shall be fully trained in 6 such policies and practices and the requirements of this article. 7 § 54. Restrictions on recording CCTV system video. 1. Except as 8 provided in this section, a CCTV system operator shall not record CCTV 9 data. In all cases, recording of CCTV data shall be done in a manner 10 that protects the privacy of the public. 11 2. A CCTV system operator may record CCTV data either on a planned 12 basis or on an emergency basis. A CCTV system operator may establish a 13 plan in advance for the recording of video images in response to a 14 specific need where a review of such images would contribute to improv- 15 ing safety and/or future traffic operations procedures or system plan- 16 ning and performance including: 17 (a) review of a traffic operations or safety problem; 18 (b) to provide for future operational employee training; 19 (c) for research that will improve future technology or operations; 20 (d) to demonstrate or test equipment or system functions; or 21 (e) to collect data for transportation planning management purposes, 22 provided, however, that for data gathered in accordance with this subdi- 23 vision, personal identifier information shall be removed from the data 24 or obscured before the data is stored and used. 25 A CCTV system operator may record response activities for particularly 26 complex or extensive incident response activity for post-incident review 27 for the purpose of improving operational procedures and response. 28 3. Any recording made pursuant to the authority of this section shall 29 be retained in a specifically designated and secure location with access 30 restricted only for the purpose that it was gathered and upon the 31 approval of supervisory level personnel. Any such recordings shall be 32 retained only for the minimum required time after use of the archived 33 data for its intended purpose in accordance with the applicable records 34 retention schedule or policy. 35 § 55. Use and dissemination of CCTV system data. 1. A CCTV system 36 operator shall use its CCTV system data primarily for transportation 37 planning, traffic management and traveler information purposes. Nothing 38 contained in this section or any other provision of law shall be 39 construed as prohibiting a CCTV system operator from utilizing CCTV 40 system data in a judicial or administrative action proceeding to which 41 the operator is a party. 42 2. Notwithstanding any other provision of law, CCTV system data that 43 contains personal identifier information shall not be open to the public 44 and shall not be subject to public inspection and copying pursuant to 45 article six of the public officers law. 46 3. A CCTV system operator may, in its discretion, distribute CCTV 47 system data that does not contain personal identifier information 48 directly to the public via the Internet or any other means directly or 49 through public or private entities for the purposes of providing travel- 50 er information, provided that all such data disseminated from CCTV 51 systems shall be transferred in a real time feed or in data feed with a 52 delay of not to exceed fifteen minutes. 53 4. (a) A CCTV system operator may, in its discretion, disseminate its 54 CCTV system data to other public service entities to achieve common 55 transportation safety and management objectives. In the event of inci- 56 dents, public health dangers or safety emergencies, a CCTV system opera-S. 637 4 1 tor may disseminate CCTV system data that contains personal identifier 2 information to public service entities to the extent necessary to deal 3 with such incident, danger or emergency. A CCTV system operator shall 4 not disseminate CCTV system data that contains personal identifier 5 information to private entities. 6 (b) All dissemination of CCTV system data from a CCTV system operator 7 to a public service or private entity shall be pursuant to a written 8 agreement that contains the following provisions: 9 (i) the CCTV system operator shall have complete control over the CCTV 10 system data that is provided; 11 (ii) the CCTV system operator may stop transmission of CCTV system 12 data at any time without prior approval or notice; 13 (iii) the receiving entity shall utilize CCTV system data only for the 14 purposes for which the dissemination is made; 15 (iv) the receiving entity shall not disseminate CCTV system data to 16 any third party without the prior written consent of the CCTV system 17 operator; 18 (v) the receiving entity shall not disseminate CCTV system data that 19 contains personal identifier information to any third party under any 20 circumstances; and 21 (vi) the receiving entity shall not record any CCTV system data except 22 as provided in this section. 23 (c) A written agreement between a CCTV system operator and a private 24 entity for the dissemination of CCTV system data shall also contain the 25 following provisions: 26 (i) the private entity shall not attempt to utilize CCTV system data 27 to obtain any personal identifier information; and 28 (ii) if the private entity is a television news organization, the CCTV 29 system operator may, in its sole discretion and subject to a policy 30 established by the CCTV system operator, allow such a private entity to 31 record CCTV system data for the sole purpose of broadcasting such images 32 as traffic reports aired by such private entity within a twenty-four 33 hour period of creating such recording, provided that such private enti- 34 ty agrees to destroy any such recording within twenty-four hours of its 35 creation. 36 § 3. The New York metropolitan transportation authority is directed to 37 conduct a study to review all elements of its operations and create a 38 mission statement that explicitly states the authority's use of closed- 39 circuit television systems and other surveillance systems and what the 40 reasonable privacy expectations of an individual are regarding the 41 authority's use of such systems. The authority shall report within 60 42 days of the effective date of this act and report to the governor, the 43 speaker of the assembly, the temporary president of the senate, the 44 chairman of the assembly standing committee on corporations, authorities 45 and commissions, and the chairman of the senate standing committee on 46 corporations, authorities and commissions. 47 § 4. The transportation law is amended by adding a new article 23 to 48 read as follows: 49 ARTICLE 23 50 STATE HIGHWAY CLOSED-CIRCUIT TELEVISION SYSTEM 51 AND SURVEILLANCE PERSONAL PRIVACY ACT 52 Section 500. Definitions. 53 501. Operation of CCTV systems; privacy protections. 54 502. Restrictions on recording CCTV system video. 55 503. Use and dissemination of CCTV system data. 56 § 500. Definitions. As used in this article:S. 637 5 1 1. The terms "closed-circuit television system," "CCTV system," or 2 "CCTV" shall mean a video camera system and/or network used to collect, 3 transmit and monitor data electronically via a data stream and project 4 such data onto a video monitor, television screen or other monitoring 5 equipment and any other system that allows the collection, viewing, 6 transmission and recording of video images; and is a closed circuit in 7 that it has limited access and all elements are directly connected and 8 controlled by operators of the system. CCTV system shall not include: 9 any system or network of cameras installed on a CCTV system operator's 10 facilities for other than traffic management purposes. 11 2. "Private entity" shall mean a private corporation or other private 12 organization, including any organization providing news media services 13 or any other information service provider that is not a public service 14 entity. 15 3. "Public service entity" shall mean any public agency, public 16 authority, public corporation, other governmental entity, municipality, 17 accredited academic institution, or not-for-profit public service 18 provider. 19 4. "Incident" shall mean an activity that occurs on or near a public 20 highway, roadway, or right-of-way, that has or could have an impact on 21 the safety of the traveling public or that could cause or contribute to 22 highway congestion, and shall include a vehicular accident, and any 23 violation of law or similar situation that would normally involve the 24 attention of a peace officer. 25 5. "Personal identifier information" shall mean any data or video 26 representation that could: 27 (a) identify an individual driver or passenger in or on any vehicle; 28 (b) identify any license plate of a vehicle; 29 (c) identify the contents of the enclosed interior of a passenger 30 vehicle; or 31 (d) show the individual travel pattern of a specific vehicle. 32 6. "CCTV system operator" shall mean any department of state govern- 33 ment that owns or operates a CCTV system. 34 § 501. Operation of CCTV systems; privacy protections. 1. The cameras 35 of a CCTV system subject to this article shall be continuously focused 36 on the highway and feeder and exit roads for which the system is 37 intended to provide information for traffic management, provided, howev- 38 er, such cameras may show adjacent lands where it is not practical to 39 avoid such monitoring during CCTV operation as provided in this article, 40 and this provision shall not prohibit such monitoring in the event of a 41 public health danger or safety emergency. 42 2. No CCTV system operator shall allow the cameras to be focused on 43 private property for the purpose of monitoring any activity or person on 44 such property, provided however, that this provision shall not prohibit 45 such monitoring to the extent that it becomes necessary in the event of 46 a public health danger or safety emergency. 47 3. A CCTV system operator shall not operate its CCTV system to collect 48 personal identifier information data, except pursuant to an order of a 49 court of competent jurisdiction, and except that such data may be 50 collected without a court order in a public health danger or safety 51 emergency situation to provide for the safety of the public, including 52 the gathering of information necessary to provide the appropriate 53 response to an incident, or public health danger or safety emergency. 54 4. A CCTV system operator shall adopt policies and practices to imple- 55 ment the requirements of this article. No person shall be employed inS. 637 6 1 the operation of a CCTV system until he or she shall be fully trained in 2 such policies and practices and the requirements of this article. 3 § 502. Restrictions on recording CCTV system video. 1. Except as 4 provided in this section, a CCTV system operator shall not record CCTV 5 data. In all cases, recording of CCTV data shall be done in a manner 6 that protects the privacy of the public. 7 2. A CCTV system operator may record CCTV data either on a planned 8 basis or on an emergency basis. A CCTV system operator may establish a 9 plan in advance for the recording of video images in response to a 10 specific need where a review of such images would contribute to improv- 11 ing safety and/or future traffic operations procedures or system plan- 12 ning and performance including: 13 (a) review of a traffic operations or safety problem; 14 (b) to provide for future operational employee training; 15 (c) for research that will improve future technology or operations; 16 (d) to demonstrate or test equipment or system functions; or 17 (e) to collect data for transportation planning management purposes, 18 provided, however, that for data gathered in accordance with this subdi- 19 vision, personal identifier information shall be removed from the data 20 or obscured before the data is stored and used. 21 A CCTV system operator may record response activities for particularly 22 complex or extensive incident response activity for post-incident review 23 for the purpose of improving operational procedures and response. 24 3. Any recording made pursuant to the authority of this section shall 25 be retained in a specifically designated and secure location with access 26 restricted only for the purpose that it was gathered and upon the 27 approval of supervisory level personnel. Any such recordings shall be 28 retained only for the minimum required time after use of the archived 29 data for its intended purpose in accordance with the applicable records 30 retention schedule or policy. 31 § 503. Use and dissemination of CCTV system data. 1. A CCTV system 32 operator shall use its CCTV system data primarily for transportation 33 planning, traffic management and traveler information purposes. Nothing 34 contained in this section or any other provision of law shall be 35 construed as prohibiting a CCTV system operator from utilizing CCTV 36 system data in a judicial or administrative action proceeding to which 37 the operator is a party. 38 2. Notwithstanding any other provision of law, CCTV system data that 39 contains personal identifier information shall not be open to the public 40 and shall not be subject to public inspection and copying pursuant to 41 article six of the public officers law. 42 3. A CCTV system operator may, in its discretion, distribute CCTV 43 system data that does not contain personal identifier information 44 directly to the public via the Internet or any other means directly or 45 through public or private entities for the purposes of providing travel- 46 er information, provided that all such data disseminated from CCTV 47 systems shall be transferred in a real time feed or in data feed with a 48 delay of not to exceed fifteen minutes. 49 4. (a) A CCTV system operator may, in its discretion, disseminate its 50 CCTV system data to other public service entities to achieve common 51 transportation safety and management objectives. In the event of inci- 52 dents, public health dangers or safety emergencies, a CCTV system opera- 53 tor may disseminate CCTV system data that contains personal identifier 54 information to public service entities to the extent necessary to deal 55 with such incident, danger or emergency. A CCTV system operator shallS. 637 7 1 not disseminate CCTV system data that contains personal identifier 2 information to private entities. 3 (b) All dissemination of CCTV system data from a CCTV system operator 4 to a public service or private entity shall be pursuant to a written 5 agreement that contains the following provisions: 6 (i) the CCTV system operator shall have complete control over the CCTV 7 system data that is provided; 8 (ii) the CCTV system operator may stop transmission of CCTV system 9 data at any time without prior approval or notice; 10 (iii) the receiving entity shall utilize CCTV system data only for the 11 purposes for which the dissemination is made; 12 (iv) the receiving entity shall not disseminate CCTV system data to 13 any third party without the prior written consent of the CCTV system 14 operator; 15 (v) the receiving entity shall not disseminate CCTV system data that 16 contains personal identifier information to any third party under any 17 circumstances; and 18 (vi) the receiving entity shall not record any CCTV system data except 19 as provided in this section. 20 (c) A written agreement between a CCTV system operator and a private 21 entity for the dissemination of CCTV system data shall also contain the 22 following provisions: 23 (i) the private entity shall not attempt to utilize CCTV system data 24 to obtain any personal identifier information; and 25 (ii) if the private entity is a television news organization, the CCTV 26 system operator may, in its sole discretion and subject to a policy 27 established by the CCTV system operator, allow such a private entity to 28 record CCTV system data for the sole purpose of broadcasting such images 29 as traffic reports aired by such private entity within a twenty-four 30 hour period of creating such recording, provided that such private enti- 31 ty agrees to destroy any such recording within twenty-four hours of its 32 creation. 33 § 5. The general municipal law is amended by adding a new article 34 14-B-1 to read as follows: 35 ARTICLE 14-B-1 36 MUNICIPAL CLOSED-CIRCUIT TELEVISION SYSTEM 37 AND SURVEILLANCE PERSONAL PRIVACY ACT 38 Section 375. Definitions. 39 376. Operation of CCTV systems; privacy protections. 40 377. Restrictions on recording CCTV system video. 41 378. Use and dissemination of CCTV system data. 42 § 375. Definitions. As used in this article: 43 1. The terms "closed-circuit television system," "CCTV system," or 44 "CCTV" shall mean a video camera system and/or network used to collect, 45 transmit and monitor data electronically via a data stream and project 46 such data onto a video monitor, television screen or other monitoring 47 equipment and any other system that allows the collection, viewing, 48 transmission and recording of video images; and is a closed circuit in 49 that it has limited access and all elements are directly connected and 50 controlled by operators of the system. CCTV system shall not include: 51 any system that produces any images or videotape authorized pursuant to 52 section eleven hundred eleven-a of the vehicle and traffic law and any 53 system or network of cameras installed on a CCTV system operator's 54 facilities for other than traffic management purposes. 55 2. "Private entity" shall mean a private corporation or other private 56 organization, including any organization providing news media servicesS. 637 8 1 or any other information service provider that is not a public service 2 entity. 3 3. "Public service entity" shall mean any public agency, public 4 authority, public corporation, other governmental entity, municipality, 5 accredited academic institution, or not-for-profit public service 6 provider. 7 4. "Incident" shall mean an activity that occurs on or near a public 8 highway, roadway, or right-of-way, that has or could have an impact on 9 the safety of the traveling public or that could cause or contribute to 10 highway congestion, and shall include a vehicular accident, and any 11 violation of law or similar situation that would normally involve the 12 attention of a peace officer. 13 5. "Personal identifier information" shall mean any data or video 14 representation that could: 15 (a) identify an individual driver or passenger in or on any vehicle; 16 (b) identify any license plate of a vehicle; 17 (c) identify the contents of the enclosed interior of a passenger 18 vehicle; or 19 (d) show the individual travel pattern of a specific vehicle. 20 6. "CCTV system operator" shall mean any county, town, city or village 21 that owns or operates a CCTV system. 22 § 376. Operation of CCTV systems; privacy protections. 1. The cameras 23 of a CCTV system subject to this article shall be continuously focused 24 on the highway and feeder and exit roads for which the system is 25 intended to provide information for traffic management, provided, howev- 26 er, such cameras may show adjacent lands where it is not practical to 27 avoid such monitoring during CCTV operation as provided in this article, 28 and this provision shall not prohibit such monitoring in the event of a 29 public health danger or safety emergency. 30 2. No CCTV system operator shall allow the cameras to be focused on 31 private property for the purpose of monitoring any activity or person on 32 such property, provided however, that this provision shall not prohibit 33 such monitoring to the extent that it becomes necessary in the event of 34 a public health danger or safety emergency. 35 3. A CCTV system operator shall not operate its CCTV system to collect 36 personal identifier information data, except pursuant to an order of a 37 court of competent jurisdiction, and except that such data may be 38 collected without a court order in a public health danger or safety 39 emergency situation to provide for the safety of the public, including 40 the gathering of information necessary to provide the appropriate 41 response to an incident, or public health danger or safety emergency. 42 4. A CCTV system operator shall adopt policies and practices to imple- 43 ment the requirements of this article. No person shall be employed in 44 the operation of a CCTV system until he or she shall be fully trained in 45 such policies and practices and the requirements of this article. 46 § 377. Restrictions on recording CCTV system video. 1. Except as 47 provided in this section, a CCTV system operator shall not record CCTV 48 data. In all cases, recording of CCTV data shall be done in a manner 49 that protects the privacy of the public. 50 2. A CCTV system operator may record CCTV data either on a planned 51 basis or on an emergency basis. A CCTV system operator may establish a 52 plan in advance for the recording of video images in response to a 53 specific need where a review of such images would contribute to improv- 54 ing safety and/or future traffic operations procedures or system plan- 55 ning and performance including: 56 (a) review of a traffic operations or safety problem;S. 637 9 1 (b) to provide for future operational employee training; 2 (c) for research that will improve future technology or operations; 3 (d) to demonstrate or test equipment or system functions; or 4 (e) to collect data for transportation planning management purposes, 5 provided, however, that for data gathered in accordance with this subdi- 6 vision, personal identifier information shall be removed from the data 7 or obscured before the data is stored and used. 8 A CCTV system operator may record response activities for particularly 9 complex or extensive incident response activity for post-incident review 10 for the purpose of improving operational procedures and response. 11 3. Any recording made pursuant to the authority of this section shall 12 be retained in a specifically designated and secure location with access 13 restricted only for the purpose that it was gathered and upon the 14 approval of supervisory level personnel. Any such recording shall be 15 retained only for the minimum required time after use of the archived 16 data for its intended purpose in accordance with the applicable records 17 retention schedule or policy. 18 § 378. Use and dissemination of CCTV system data. 1. A CCTV system 19 operator shall use its CCTV system data primarily for transportation 20 planning, traffic management and traveler information purposes. Nothing 21 contained in this section or any other provision of law shall be 22 construed as prohibiting a CCTV system operator from utilizing CCTV 23 system data in a judicial or administrative action proceeding to which 24 the operator is a party. 25 2. Notwithstanding any other provision of law, CCTV system data that 26 contains personal identifier information shall not be open to the public 27 and shall not be subject to public inspection and copying pursuant to 28 article six of the public officers law. 29 3. A CCTV system operator may, in its discretion, distribute CCTV 30 system data that does not contain personal identifier information 31 directly to the public via the Internet or any other means directly or 32 through public or private entities for the purposes of providing travel- 33 er information, provided that all such data disseminated from CCTV 34 systems shall be transferred in a real time feed or in data feed with a 35 delay of not to exceed fifteen minutes. 36 4. (a) A CCTV system operator may, in its discretion, disseminate its 37 CCTV system data to other public service entities to achieve common 38 transportation safety and management objectives. In the event of inci- 39 dents, public health danger or safety emergencies, a CCTV system opera- 40 tor may disseminate CCTV system data that contains personal identifier 41 information to public service entities to the extent necessary to deal 42 with such incident, danger or emergency. A CCTV system operator shall 43 not disseminate CCTV system data that contains personal identifier 44 information to private entities. 45 (b) All dissemination of CCTV system data from a CCTV system operator 46 to a public service or private entity shall be pursuant to a written 47 agreement that contains the following provisions: 48 (i) the CCTV system operator shall have complete control over the CCTV 49 system data that is provided; 50 (ii) the CCTV system operator may stop transmission of CCTV system 51 data at any time without prior approval or notice; 52 (iii) the receiving entity shall utilize CCTV system data only for the 53 purposes for which the dissemination is made; 54 (iv) the receiving entity shall not disseminate CCTV system data to 55 any third party without the prior written consent of the CCTV system 56 operator;S. 637 10 1 (v) the receiving entity shall not disseminate CCTV system data that 2 contains personal identifier information to any third party under any 3 circumstances; and 4 (vi) the receiving entity shall not record any CCTV system data except 5 as provided in this section. 6 (c) A written agreement between a CCTV system operator and a private 7 entity for the dissemination of CCTV system data shall also contain the 8 following provisions: 9 (i) the private entity shall not attempt to utilize CCTV system data 10 to obtain any personal identifier information; and 11 (ii) if the private entity is a television news organization, the CCTV 12 system operator may, in its sole discretion and subject to a policy 13 established by the CCTV system operator, allow such a private entity to 14 record CCTV system data for the sole purpose of broadcasting such images 15 as traffic reports aired by such private entity within a twenty-four 16 hour period of creating such recording, provided that such private enti- 17 ty agrees to destroy any such recording within twenty-four hours of its 18 creation. 19 § 6. The vehicle and traffic law is amended by adding a new section 20 1111-g to read as follows: 21 § 1111-g. Traffic-control signal photo violation-monitoring devices; 22 prohibitions and protections. Notwithstanding any other provision of 23 law, rule or regulation to the contrary, a city or county authorized to 24 install and operate traffic-control signal photo violation-monitoring 25 devices pursuant to the provisions of section eleven hundred eleven-b of 26 this article shall adopt and enforce measures to protect the privacy of 27 drivers, passengers, pedestrians and cyclists whose identifying informa- 28 tion may be captured by such devices. Such privacy-protection measures 29 shall include, but not be limited to: 30 1. utilization of necessary technologies to ensure, to the extent 31 practicable, that photographs produced by such traffic-control signal 32 photo violation-monitoring devices shall not include images that identi- 33 fy the driver, the passengers, or the contents of the vehicle. However, 34 no notice of liability issued pursuant to section eleven hundred 35 eleven-b of this article shall be dismissed solely because a photograph 36 or photographs allow for the identification of the contents of a vehi- 37 cle, provided that such city or county has made a reasonable effort to 38 comply with the provisions of this section; 39 2. prohibition on the use or dissemination of a vehicle's license 40 plate information and other information and images captured by traffic- 41 control signal photo violation-monitoring devices except as required to 42 establish liability under this section or collect payment of penalties; 43 or unless authorized by a court ordered subpoena or search warrant 44 issued in response to a request by law enforcement officials pertaining 45 to a specific accident or specific incident of alleged criminal conduct, 46 or except as otherwise required by law; 47 3. destruction of images obtained by the traffic-control signal photo 48 violation-monitoring devices no later than thirty days from the date 49 such images were recorded, or immediately upon adjudication of the 50 liability and payment of fines, as provided in section eleven hundred 51 eleven-b of this article, if either event occurs later than thirty days 52 from the date such images are recorded; 53 4. deletion of identifying information, including vehicle license 54 plate information, from records maintained for research purposes or for 55 reporting purposes as detailed in section eleven hundred eleven-b of 56 this article; andS. 637 11 1 5. oversight procedures to ensure compliance with the aforementioned 2 privacy-protection measures. 3 § 7. This act shall take effect on the sixtieth day after it shall 4 have become a law.
