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A05715 Summary:

Add S1111-e, V & T L
Relates to the operation of traffic-control signal photo violation-monitoring devices.
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A05715 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      March 3, 2015
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee on Transportation
        AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
          tion 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.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1111-e to read as follows:
     3    § 1111-e. Traffic-control signal photo  violation-monitoring  devices;
     4  prohibitions  and  protections.   Notwithstanding any other provision of
     5  law, rule or regulation to the contrary, a city or county authorized  to
     6  install  and  operate  traffic-control signal photo violation-monitoring
     7  devices pursuant to the provisions of section eleven hundred eleven-b of
     8  this article shall adopt and enforce measures to protect the privacy  of
     9  drivers, passengers, pedestrians and cyclists whose identifying informa-
    10  tion  may  be captured by such devices. Such privacy-protection measures
    11  shall include, but not be limited to:
    12    1. utilization of necessary technologies  to  ensure,  to  the  extent
    13  practicable,  that  photographs  produced by such traffic-control signal
    14  photo violation-monitoring devices shall not include images that identi-
    15  fy the driver, the passengers, or the contents of the vehicle.  However,
    16  no notice  of  liability  issued  pursuant  to  section  eleven  hundred
    17  eleven-b  of this article shall be dismissed solely because a photograph
    18  or photographs allow for the identification of the contents of  a  vehi-
    19  cle,  provided  that such city or county has made a reasonable effort to
    20  comply with the provisions of this section;
    21    2. prohibition on the use or dissemination of vehicle's license  plate
    22  information and other information and images captured by traffic-control
    23  signal  photo  violation-monitoring devices except as required to estab-
    24  lish liability under this section or collect payment  of  penalties;  or
    25  unless  authorized  by a court ordered subpoena or search warrant issued
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5715                             2
     1  in response to a request by law enforcement officials  pertaining  to  a
     2  specific  accident  or specific incident of alleged criminal conduct; or
     3  except as otherwise required by law;
     4    3.  destruction of images obtained by the traffic-control signal photo
     5  violation-monitoring devices no later than thirty  days  from  the  date
     6  such  images  were  recorded;  or  immediately  upon adjudication of the
     7  liability and payment of fines, as provided in  section  eleven  hundred
     8  eleven-b  of this article, if either event occurs later than thirty days
     9  from the date such images are recorded;
    10    4.  the  deletion  of  identifying  information,  including  vehicles'
    11  license plate information, from records maintained for research purposes
    12  or for reporting purposes as detailed in section eleven hundred eleven-b
    13  of this article; and
    14    5.  oversight  procedures to ensure compliance with the aforementioned
    15  privacy-protection measures.
    16    § 2. This act shall take effect immediately.
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