New York Senate Bill S05525 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5525--A 2023-2024 Regular Sessions  IN SENATE March 7, 2023 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to requiring poli- cies for the use of automatic license plate reader systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 397-b to read as follows: 3 § 397-b. Policy for the use of automatic license plate reader systems. 4 1. As used in this section, the following words and phrases shall have 5 the following meanings: 6 (a) "Automatic license plate reader system" shall mean a system of one 7 or more mobile or fixed high-speed cameras used in combination with 8 computer algorithms to convert images of license plates into computer- 9 readable data. 10 (b) "Captured plate data" shall mean the GPS coordinates, date and 11 time, photograph, license plate number, and any other data captured by 12 or derived from an automatic license plate reader system. 13 2. A business, individual, partnership, corporation, association, or 14 state or local government non-law enforcement entity which uses an auto- 15 matic license plate reader system shall adopt a policy governing the use 16 of such system and conspicuously post such policy on its website. Such 17 policy shall include a provision to ensure that captured plate data is 18 not shared in violation of this section. If the business, individual, 19 partnership, corporation, association, or state or local government 20 non-law enforcement entity does not maintain a website, such policy 21 shall be posted in its main office or place of business. Such policy 22 shall be made available to the public upon request. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05330-03-3 
 S. 5525--A 2 1 3. A policy adopted pursuant to subdivision two of this section shall 2 include, but not be limited to, provisions on permissible uses of the 3 automatic license plate reader technology, data sharing and dissem- 4 ination, prohibited use, record retention and management, and training. 5 4. Captured plate data shall be considered personal data. Captured 6 plate data may only be disclosed to, or with the prior written consent 7 of, the person to whom the vehicle is registered, provided, however, 8 that upon presentation to an operator of an automatic license plate 9 reader system of a valid, current order of protection protecting the 10 driver of a vehicle jointly registered with or registered solely in the 11 name of the individual against whom the order was issued, captured 12 plate data may not be disclosed except pursuant to a disclosure order or 13 as the result of a match. 14 5. The provisions of this section shall not apply to an electronic 15 toll collection system or associated transaction system or any component 16 thereof which is operated by a public authority for the purpose of 17 imposing and collecting tolls on a roadway within the state. 18 6. The state consumer protection division, or the county, city, or 19 town office of consumer protection as applicable shall have the authori- 20 ty to enforce the provisions of this section. 21 § 2. This act shall take effect on the thirtieth day after it shall 22 have become a law.