Bill Text: NY S02332 | 2019-2020 | 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S02332 Detail]

Download: New_York-2019-S02332-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2332
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
                                       ___________
        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
          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.
    22          54. Restrictions on recording CCTV system video.
    23          55. Use and dissemination of CCTV system data.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02303-01-9

        S. 2332                             2
     1    § 52. Definitions. As used in this article:
     2    1.  The  terms  "closed-circuit  television system," "CCTV system," or
     3  "CCTV" shall mean a video camera system and/or network used to  collect,
     4  transmit  and  monitor data electronically via a data stream and project
     5  such data onto a video monitor, television screen  or  other  monitoring
     6  equipment  and  any  other  system  that allows the collection, viewing,
     7  transmission and recording of video images;  and  such  a  system  is  a
     8  closed  circuit  in  that  it  has  limited access, and all elements are
     9  directly connected and controlled  by  operators  of  the  system.  CCTV
    10  system  shall  not include: any images or videotape prepared pursuant to
    11  section twenty-nine hundred eighty-five of this chapter; or  any  system
    12  or  network  of cameras installed on a CCTV system operator's facilities
    13  for other than traffic management purposes.
    14    2. "Private entity" shall mean a private corporation or other  private
    15  organization,  including  any organization providing news media services
    16  or any other information service provider that is not a  public  service
    17  entity.
    18    3.  "Public  service  entity"  shall  mean  any  public agency, public
    19  authority, public corporation, other governmental entity,  municipality,
    20  accredited   academic  institution,  or  not-for-profit  public  service
    21  provider.
    22    4. "Incident" shall mean an activity that occurs on or near  a  public
    23  highway,  roadway,  or right-of-way, that has or could have an impact on
    24  the safety of the traveling public or that could cause or contribute  to
    25  highway  congestion,  and  shall  include  a vehicular accident, and any
    26  violation of law or similar situation that would  normally  involve  the
    27  attention of a peace officer.
    28    5.  "Personal  identifier  information"  shall  mean any data or video
    29  representation that could:
    30    (a) identify an individual driver or passenger in or on any vehicle;
    31    (b) identify any license plate of a vehicle;
    32    (c) identify the contents of the  enclosed  interior  of  a  passenger
    33  vehicle; or
    34    (d) show the individual travel pattern of a specific vehicle.
    35    6.  "CCTV  system operator" shall mean any public authority as defined
    36  in this chapter that owns or operates a CCTV system.
    37    § 53. Operation of CCTV systems; privacy protections.  1. The  cameras
    38  of  a  CCTV system subject to this article shall be continuously focused
    39  on the highway and feeder  and  exit  roads  for  which  the  system  is
    40  intended to provide information for traffic management, provided, howev-
    41  er,  such  cameras  may show adjacent lands where it is not practical to
    42  avoid such monitoring during CCTV operation as provided in this article,
    43  and this provision shall not prohibit such monitoring in the event of  a
    44  public health danger or safety emergency.
    45    2.  No  CCTV  system operator shall allow the cameras to be focused on
    46  private property for the purpose of monitoring any activity or person on
    47  such property, provided however, that this provision shall not  prohibit
    48  such  monitoring to the extent that it becomes necessary in the event of
    49  a public health danger or safety emergency.
    50    3. A CCTV system operator shall not operate its CCTV system to collect
    51  personal identifier information data, except pursuant to an order  of  a
    52  court  of  competent  jurisdiction,  and  except  that  such data may be
    53  collected without a court order in a  public  health  danger  or  safety
    54  emergency  situation  to provide for the safety of the public, including
    55  the gathering  of  information  necessary  to  provide  the  appropriate
    56  response to an incident, or public health danger or safety emergency.

        S. 2332                             3
     1    4. A CCTV system operator shall adopt policies and practices to imple-
     2  ment  the  requirements  of this article. No person shall be employed in
     3  the operation of a CCTV system until he or she shall be fully trained in
     4  such policies and practices and the requirements of this article.
     5    §  54.  Restrictions  on  recording  CCTV  system  video. 1. Except as
     6  provided in this section, a CCTV system operator shall not  record  CCTV
     7  data.  In  all  cases,  recording of CCTV data shall be done in a manner
     8  that protects the privacy of the public.
     9    2. A CCTV system operator may record CCTV data  either  on  a  planned
    10  basis  or  on an emergency basis. A CCTV system operator may establish a
    11  plan in advance for the recording of  video  images  in  response  to  a
    12  specific  need where a review of such images would contribute to improv-
    13  ing safety and/or future traffic operations procedures or  system  plan-
    14  ning and performance including:
    15    (a) review of a traffic operations or safety problem;
    16    (b) to provide for future operational employee training;
    17    (c) for research that will improve future technology or operations;
    18    (d) to demonstrate or test equipment or system functions; or
    19    (e)  to  collect data for transportation planning management purposes,
    20  provided, however, that for data gathered in accordance with this subdi-
    21  vision, personal identifier information shall be removed from  the  data
    22  or obscured before the data is stored and used.
    23    A CCTV system operator may record response activities for particularly
    24  complex or extensive incident response activity for post-incident review
    25  for the purpose of improving operational procedures and response.
    26    3.  Any recording made pursuant to the authority of this section shall
    27  be retained in a specifically designated and secure location with access
    28  restricted only for the purpose  that  it  was  gathered  and  upon  the
    29  approval  of  supervisory  level personnel. Any such recordings shall be
    30  retained only for the minimum required time after use  of  the  archived
    31  data  for its intended purpose in accordance with the applicable records
    32  retention schedule or policy.
    33    § 55. Use and dissemination of CCTV system  data.  1.  A  CCTV  system
    34  operator  shall  use  its  CCTV system data primarily for transportation
    35  planning, traffic management and traveler information purposes.  Nothing
    36  contained  in  this  section  or  any  other  provision  of law shall be
    37  construed as prohibiting a CCTV  system  operator  from  utilizing  CCTV
    38  system  data  in a judicial or administrative action proceeding to which
    39  the operator is a party.
    40    2. Notwithstanding any other provision of law, CCTV system  data  that
    41  contains personal identifier information shall not be open to the public
    42  and  shall  not  be subject to public inspection and copying pursuant to
    43  article six of the public officers law.
    44    3. A CCTV system operator may,  in  its  discretion,  distribute  CCTV
    45  system  data  that  does  not  contain  personal  identifier information
    46  directly to the public via the Internet or any other means  directly  or
    47  through public or private entities for the purposes of providing travel-
    48  er  information,  provided  that  all  such  data disseminated from CCTV
    49  systems shall be transferred in a real time feed or in data feed with  a
    50  delay of not to exceed fifteen minutes.
    51    4.  (a) A CCTV system operator may, in its discretion, disseminate its
    52  CCTV system data to other public  service  entities  to  achieve  common
    53  transportation  safety  and management objectives. In the event of inci-
    54  dents, public health dangers or safety emergencies, a CCTV system opera-
    55  tor may disseminate CCTV system data that contains  personal  identifier
    56  information  to  public service entities to the extent necessary to deal

        S. 2332                             4
     1  with such incident, danger or emergency. A CCTV  system  operator  shall
     2  not  disseminate  CCTV  system  data  that  contains personal identifier
     3  information to private entities.
     4    (b)  All dissemination of CCTV system data from a CCTV system operator
     5  to a public service or private entity shall be  pursuant  to  a  written
     6  agreement that contains the following provisions:
     7    (i) the CCTV system operator shall have complete control over the CCTV
     8  system data that is provided;
     9    (ii)  the  CCTV  system  operator may stop transmission of CCTV system
    10  data at any time without prior approval or notice;
    11    (iii) the receiving entity shall utilize CCTV system data only for the
    12  purposes for which the dissemination is made;
    13    (iv) the receiving entity shall not disseminate CCTV  system  data  to
    14  any  third  party  without  the prior written consent of the CCTV system
    15  operator;
    16    (v) the receiving entity shall not disseminate CCTV system  data  that
    17  contains  personal  identifier  information to any third party under any
    18  circumstances; and
    19    (vi) the receiving entity shall not record any CCTV system data except
    20  as provided in this section.
    21    (c) A written agreement between a CCTV system operator and  a  private
    22  entity  for the dissemination of CCTV system data shall also contain the
    23  following provisions:
    24    (i) the private entity shall not attempt to utilize CCTV  system  data
    25  to obtain any personal identifier information; and
    26    (ii) if the private entity is a television news organization, the CCTV
    27  system  operator  may,  in  its  sole discretion and subject to a policy
    28  established by the CCTV system operator, allow such a private entity  to
    29  record CCTV system data for the sole purpose of broadcasting such images
    30  as  traffic  reports  aired  by such private entity within a twenty-four
    31  hour period of creating such recording, provided that such private enti-
    32  ty agrees to destroy any such recording within twenty-four hours of  its
    33  creation.
    34    § 3. The New York metropolitan transportation authority is directed to
    35  conduct  a  study  to review all elements of its operations and create a
    36  mission statement that explicitly states the authority's use of  closed-
    37  circuit  television  systems and other surveillance systems and what the
    38  reasonable privacy expectations  of  an  individual  are  regarding  the
    39  authority's  use  of  such systems. The authority shall report within 60
    40  days of the effective date of this act and report to the  governor,  the
    41  speaker  of  the  assembly,  the  temporary president of the senate, the
    42  chairman of the assembly standing committee on corporations, authorities
    43  and commissions, and the chairman of the senate  standing  committee  on
    44  corporations, authorities and commissions.
    45    §  4.  The transportation law is amended by adding a new article 23 to
    46  read as follows:
    47                                 ARTICLE 23
    48               STATE HIGHWAY CLOSED-CIRCUIT TELEVISION SYSTEM
    49                    AND SURVEILLANCE PERSONAL PRIVACY ACT
    50  Section 500. Definitions.
    51          501. Operation of CCTV systems; privacy protections.
    52          502. Restrictions on recording CCTV system video.
    53          503. Use and dissemination of CCTV system data.
    54    § 500. Definitions. As used in this article:
    55    1. The terms "closed-circuit television  system,"  "CCTV  system,"  or
    56  "CCTV"  shall mean a video camera system and/or network used to collect,

        S. 2332                             5
     1  transmit and monitor data electronically via a data stream  and  project
     2  such  data  onto  a video monitor, television screen or other monitoring
     3  equipment and any other system  that  allows  the  collection,  viewing,
     4  transmission  and  recording of video images; and is a closed circuit in
     5  that it has limited access and all elements are directly  connected  and
     6  controlled  by  operators  of the system. CCTV system shall not include:
     7  any system or network of cameras installed on a CCTV  system  operator's
     8  facilities for other than traffic management purposes.
     9    2.  "Private entity" shall mean a private corporation or other private
    10  organization, including any organization providing news  media  services
    11  or  any  other information service provider that is not a public service
    12  entity.
    13    3. "Public service  entity"  shall  mean  any  public  agency,  public
    14  authority,  public corporation, other governmental entity, municipality,
    15  accredited  academic  institution,  or  not-for-profit  public   service
    16  provider.
    17    4.  "Incident"  shall mean an activity that occurs on or near a public
    18  highway, roadway, or right-of-way, that has or could have an  impact  on
    19  the  safety of the traveling public or that could cause or contribute to
    20  highway congestion, and shall include  a  vehicular  accident,  and  any
    21  violation  of  law  or similar situation that would normally involve the
    22  attention of a peace officer.
    23    5. "Personal identifier information" shall  mean  any  data  or  video
    24  representation that could:
    25    (a) identify an individual driver or passenger in or on any vehicle;
    26    (b) identify any license plate of a vehicle;
    27    (c)  identify  the  contents  of  the enclosed interior of a passenger
    28  vehicle; or
    29    (d) show the individual travel pattern of a specific vehicle.
    30    6. "CCTV system operator" shall mean any department of  state  govern-
    31  ment that owns or operates a CCTV system.
    32    §  501. Operation of CCTV systems; privacy protections. 1. The cameras
    33  of a CCTV system subject to this article shall be  continuously  focused
    34  on  the  highway  and  feeder  and  exit  roads  for which the system is
    35  intended to provide information for traffic management, provided, howev-
    36  er, such cameras may show adjacent lands where it is  not  practical  to
    37  avoid such monitoring during CCTV operation as provided in this article,
    38  and  this provision shall not prohibit such monitoring in the event of a
    39  public health danger or safety emergency.
    40    2. No CCTV system operator shall allow the cameras to  be  focused  on
    41  private property for the purpose of monitoring any activity or person on
    42  such  property, provided however, that this provision shall not prohibit
    43  such monitoring to the extent that it becomes necessary in the event  of
    44  a public health danger or safety emergency.
    45    3. A CCTV system operator shall not operate its CCTV system to collect
    46  personal  identifier  information data, except pursuant to an order of a
    47  court of competent jurisdiction,  and  except  that  such  data  may  be
    48  collected  without  a  court  order  in a public health danger or safety
    49  emergency situation to provide for the safety of the  public,  including
    50  the  gathering  of  information  necessary  to  provide  the appropriate
    51  response to an incident, or public health danger or safety emergency.
    52    4. A CCTV system operator shall adopt policies and practices to imple-
    53  ment the requirements of this article. No person shall  be  employed  in
    54  the operation of a CCTV system until he or she shall be fully trained in
    55  such policies and practices and the requirements of this article.

        S. 2332                             6
     1    §  502.  Restrictions  on  recording  CCTV  system video. 1. Except as
     2  provided in this section, a CCTV system operator shall not  record  CCTV
     3  data.  In  all  cases,  recording of CCTV data shall be done in a manner
     4  that protects the privacy of the public.
     5    2.  A  CCTV  system  operator may record CCTV data either on a planned
     6  basis or on an emergency basis. A CCTV system operator may  establish  a
     7  plan  in  advance  for  the  recording  of video images in response to a
     8  specific need where a review of such images would contribute to  improv-
     9  ing  safety  and/or future traffic operations procedures or system plan-
    10  ning and performance including:
    11    (a) review of a traffic operations or safety problem;
    12    (b) to provide for future operational employee training;
    13    (c) for research that will improve future technology or operations;
    14    (d) to demonstrate or test equipment or system functions; or
    15    (e) to collect data for transportation planning  management  purposes,
    16  provided, however, that for data gathered in accordance with this subdi-
    17  vision,  personal  identifier information shall be removed from the data
    18  or obscured before the data is stored and used.
    19    A CCTV system operator may record response activities for particularly
    20  complex or extensive incident response activity for post-incident review
    21  for the purpose of improving operational procedures and response.
    22    3. Any recording made pursuant to the authority of this section  shall
    23  be retained in a specifically designated and secure location with access
    24  restricted  only  for  the  purpose  that  it  was gathered and upon the
    25  approval of supervisory level personnel. Any such  recordings  shall  be
    26  retained  only  for  the minimum required time after use of the archived
    27  data for its intended purpose in accordance with the applicable  records
    28  retention schedule or policy.
    29    §  503.  Use  and  dissemination of CCTV system data. 1. A CCTV system
    30  operator shall use its CCTV system  data  primarily  for  transportation
    31  planning,  traffic management and traveler information purposes. Nothing
    32  contained in this section  or  any  other  provision  of  law  shall  be
    33  construed  as  prohibiting  a  CCTV  system operator from utilizing CCTV
    34  system data in a judicial or administrative action proceeding  to  which
    35  the operator is a party.
    36    2.  Notwithstanding  any other provision of law, CCTV system data that
    37  contains personal identifier information shall not be open to the public
    38  and shall not be subject to public inspection and  copying  pursuant  to
    39  article six of the public  officers law.
    40    3.  A  CCTV  system  operator  may, in its discretion, distribute CCTV
    41  system data  that  does  not  contain  personal  identifier  information
    42  directly  to  the public via the Internet or any other means directly or
    43  through public or private entities for the purposes of providing travel-
    44  er information, provided that  all  such  data  disseminated  from  CCTV
    45  systems  shall be transferred in a real time feed or in data feed with a
    46  delay of not to exceed fifteen minutes.
    47    4. (a) A CCTV system operator may, in its discretion, disseminate  its
    48  CCTV  system  data  to  other  public service entities to achieve common
    49  transportation safety and management objectives. In the event  of  inci-
    50  dents, public health dangers or safety emergencies, a CCTV system opera-
    51  tor  may  disseminate CCTV system data that contains personal identifier
    52  information to public service entities to the extent necessary  to  deal
    53  with  such  incident,  danger or emergency. A CCTV system operator shall
    54  not disseminate CCTV  system  data  that  contains  personal  identifier
    55  information to private entities.

        S. 2332                             7
     1    (b)  All dissemination of CCTV system data from a CCTV system operator
     2  to a public service or private entity shall be  pursuant  to  a  written
     3  agreement that contains the following provisions:
     4    (i) the CCTV system operator shall have complete control over the CCTV
     5  system data that is provided;
     6    (ii)  the  CCTV  system  operator may stop transmission of CCTV system
     7  data at any time without prior approval or notice;
     8    (iii) the receiving entity shall utilize CCTV system data only for the
     9  purposes for which the dissemination is made;
    10    (iv) the receiving entity shall not disseminate CCTV  system  data  to
    11  any  third  party  without  the prior written consent of the CCTV system
    12  operator;
    13    (v) the receiving entity shall not disseminate CCTV system  data  that
    14  contains  personal  identifier  information to any third party under any
    15  circumstances; and
    16    (vi) the receiving entity shall not record any CCTV system data except
    17  as provided in this section.
    18    (c) A written agreement between a CCTV system operator and  a  private
    19  entity  for the dissemination of CCTV system data shall also contain the
    20  following provisions:
    21    (i) the private entity shall not attempt to utilize CCTV  system  data
    22  to obtain any personal identifier information; and
    23    (ii) if the private entity is a television news organization, the CCTV
    24  system  operator  may,  in  its  sole discretion and subject to a policy
    25  established by the CCTV system operator, allow such a private entity  to
    26  record CCTV system data for the sole purpose of broadcasting such images
    27  as  traffic  reports  aired  by such private entity within a twenty-four
    28  hour period of creating such recording, provided that such private enti-
    29  ty agrees to destroy any such recording within twenty-four hours of  its
    30  creation.
    31    §  5.  The  general  municipal  law is amended by adding a new article
    32  14-B-1 to read as follows:
    33                               ARTICLE 14-B-1
    34                 MUNICIPAL CLOSED-CIRCUIT TELEVISION SYSTEM
    35                    AND SURVEILLANCE PERSONAL PRIVACY ACT
    36  Section 375. Definitions.
    37          376. Operation of CCTV systems; privacy protections.
    38          377. Restrictions on recording CCTV system video.
    39          378. Use and dissemination of CCTV system data.
    40    § 375. Definitions. As used in this article:
    41    1. The terms "closed-circuit television  system,"  "CCTV  system,"  or
    42  "CCTV"  shall mean a video camera system and/or network used to collect,
    43  transmit and monitor data electronically via a data stream  and  project
    44  such  data  onto  a video monitor, television screen or other monitoring
    45  equipment and any other system  that  allows  the  collection,  viewing,
    46  transmission  and  recording of video images; and is a closed circuit in
    47  that it has limited access and all elements are directly  connected  and
    48  controlled  by  operators  of the system. CCTV system shall not include:
    49  any system that produces any images or videotape authorized pursuant  to
    50  section  eleven  hundred eleven-a of the vehicle and traffic law and any
    51  system or network of cameras  installed  on  a  CCTV  system  operator's
    52  facilities for other than traffic management purposes.
    53    2.  "Private entity" shall mean a private corporation or other private
    54  organization, including any organization providing news  media  services
    55  or  any  other information service provider that is not a public service
    56  entity.

        S. 2332                             8
     1    3. "Public service  entity"  shall  mean  any  public  agency,  public
     2  authority,  public corporation, other governmental entity, municipality,
     3  accredited  academic  institution,  or  not-for-profit  public   service
     4  provider.
     5    4.  "Incident"  shall mean an activity that occurs on or near a public
     6  highway, roadway, or right-of-way, that has or could have an  impact  on
     7  the  safety of the traveling public or that could cause or contribute to
     8  highway congestion, and shall include  a  vehicular  accident,  and  any
     9  violation  of  law  or similar situation that would normally involve the
    10  attention of a peace officer.
    11    5. "Personal identifier information" shall  mean  any  data  or  video
    12  representation that could:
    13    (a) identify an individual driver or passenger in or on any vehicle;
    14    (b) identify any license plate of a vehicle;
    15    (c)  identify  the  contents  of  the enclosed interior of a passenger
    16  vehicle; or
    17    (d) show the individual travel pattern of a specific vehicle.
    18    6. "CCTV system operator" shall mean any county, town, city or village
    19  that owns or operates a CCTV system.
    20    § 376. Operation of CCTV systems; privacy protections. 1. The  cameras
    21  of  a  CCTV system subject to this article shall be continuously focused
    22  on the highway and feeder  and  exit  roads  for  which  the  system  is
    23  intended to provide information for traffic management, provided, howev-
    24  er,  such  cameras  may show adjacent lands where it is not practical to
    25  avoid such monitoring during CCTV operation as provided in this article,
    26  and this provision shall not prohibit such monitoring in the event of  a
    27  public health danger or safety emergency.
    28    2.  No  CCTV  system operator shall allow the cameras to be focused on
    29  private property for the purpose of monitoring any activity or person on
    30  such property, provided however, that this provision shall not  prohibit
    31  such  monitoring to the extent that it becomes necessary in the event of
    32  a public health danger or safety emergency.
    33    3. A CCTV system operator shall not operate its CCTV system to collect
    34  personal identifier information data, except pursuant to an order  of  a
    35  court  of  competent  jurisdiction,  and  except  that  such data may be
    36  collected without a court order in a  public  health  danger  or  safety
    37  emergency  situation  to provide for the safety of the public, including
    38  the gathering  of  information  necessary  to  provide  the  appropriate
    39  response to an incident, or public health danger or safety emergency.
    40    4. A CCTV system operator shall adopt policies and practices to imple-
    41  ment  the  requirements  of this article. No person shall be employed in
    42  the operation of a CCTV system until he or she shall be fully trained in
    43  such policies and practices and the requirements of this article.
    44    § 377. Restrictions on recording  CCTV  system  video.  1.  Except  as
    45  provided  in  this section, a CCTV system operator shall not record CCTV
    46  data. In all cases, recording of CCTV data shall be  done  in  a  manner
    47  that protects the privacy of the public.
    48    2.  A  CCTV  system  operator may record CCTV data either on a planned
    49  basis or on an emergency basis. A CCTV system operator may  establish  a
    50  plan  in  advance  for  the  recording  of video images in response to a
    51  specific need where a review of such images would contribute to  improv-
    52  ing  safety  and/or future traffic operations procedures or system plan-
    53  ning and performance including:
    54    (a) review of a traffic operations or safety problem;
    55    (b) to provide for future operational employee training;
    56    (c) for research that will improve future technology or operations;

        S. 2332                             9
     1    (d) to demonstrate or test equipment or system functions; or
     2    (e)  to  collect data for transportation planning management purposes,
     3  provided, however, that for data gathered in accordance with this subdi-
     4  vision, personal identifier information shall be removed from  the  data
     5  or obscured before the data is stored and used.
     6    A CCTV system operator may record response activities for particularly
     7  complex or extensive incident response activity for post-incident review
     8  for the purpose of improving operational procedures and response.
     9    3.  Any recording made pursuant to the authority of this section shall
    10  be retained in a specifically designated and secure location with access
    11  restricted only for the purpose  that  it  was  gathered  and  upon  the
    12  approval  of  supervisory  level  personnel. Any such recording shall be
    13  retained only for the minimum required time after use  of  the  archived
    14  data  for its intended purpose in accordance with the applicable records
    15  retention schedule or policy.
    16    § 378. Use and dissemination of CCTV system data.  1.  A  CCTV  system
    17  operator  shall  use  its  CCTV system data primarily for transportation
    18  planning, traffic management and traveler information purposes.  Nothing
    19  contained  in  this  section  or  any  other  provision  of law shall be
    20  construed as prohibiting a CCTV  system  operator  from  utilizing  CCTV
    21  system  data  in a judicial or administrative action proceeding to which
    22  the operator is a party.
    23    2. Notwithstanding any other provision of law, CCTV system  data  that
    24  contains personal identifier information shall not be open to the public
    25  and  shall  not  be subject to public inspection and copying pursuant to
    26  article six of the public officers law.
    27    3. A CCTV system operator may,  in  its  discretion,  distribute  CCTV
    28  system  data  that  does  not  contain  personal  identifier information
    29  directly to the public via the Internet or any other means  directly  or
    30  through public or private entities for the purposes of providing travel-
    31  er  information,  provided  that  all  such  data disseminated from CCTV
    32  systems shall be transferred in a real time feed or in data feed with  a
    33  delay of not to exceed fifteen minutes.
    34    4.  (a) A CCTV system operator may, in its discretion, disseminate its
    35  CCTV system data to other public  service  entities  to  achieve  common
    36  transportation  safety  and management objectives. In the event of inci-
    37  dents, public health danger or safety emergencies, a CCTV system  opera-
    38  tor  may  disseminate CCTV system data that contains personal identifier
    39  information to public service entities to the extent necessary  to  deal
    40  with  such  incident,  danger or emergency. A CCTV system operator shall
    41  not disseminate CCTV  system  data  that  contains  personal  identifier
    42  information to private entities.
    43    (b)  All dissemination of CCTV system data from a CCTV system operator
    44  to a public service or private entity shall be  pursuant  to  a  written
    45  agreement that contains the following provisions:
    46    (i) the CCTV system operator shall have complete control over the CCTV
    47  system data that is provided;
    48    (ii)  the  CCTV  system  operator may stop transmission of CCTV system
    49  data at any time without prior approval or notice;
    50    (iii) the receiving entity shall utilize CCTV system data only for the
    51  purposes for which the dissemination is made;
    52    (iv) the receiving entity shall not disseminate CCTV  system  data  to
    53  any  third  party  without  the prior written consent of the CCTV system
    54  operator;

        S. 2332                            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.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law.
feedback