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S09267 Summary:

BILL NOS09267
 
SAME ASNo Same As
 
SPONSORMAY
 
COSPNSR
 
MLTSPNSR
 
Add §390-f, Gen Bus L
 
Prohibits manufacturers or operators of networked camera devices to enable coordinated surveillance features on such devices as a default feature without first obtaining affirmative opt-in consent from the owner; requires disclosure of data rights for owners of such devices; prohibits coordinated surveillance features to be disclosed to law enforcement without a warrant; makes related provisions.
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S09267 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9267
 
                    IN SENATE
 
                                    February 19, 2026
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN ACT to amend the general business law, in relation  to  enacting  the
          "consumer camera privacy act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "consumer camera privacy act".
     3    § 2. The general business law is amended by adding a new section 390-f
     4  to read as follows:
     5    §  390-f. Networked camera devices; coordinated surveillance features.
     6  1. Definitions. For the purposes of this section,  the  following  terms
     7  shall have the following meanings:
     8    (a) "Networked camera device" means any internet-connected device sold
     9  to consumers that captures video or still images of persons or property,
    10  including  but  not  limited  to  video doorbells, security cameras, and
    11  similar devices.
    12    (b)  "Coordinated  surveillance  feature"  means  any  function  of  a
    13  networked  camera  device  that transmits, shares, pools, or makes video
    14  footage or derivative data accessible to persons other than the owner of
    15  such networked camera device, including but  not  limited  to  networked
    16  search functions, crowdsourced tracking systems, biometric analysis, and
    17  community alert features.
    18    (c) "Biometric analysis" means the use of automated systems to identi-
    19  fy,  track, or categorize individuals based on physical characteristics,
    20  including but not limited to facial geometry, gait, or voice.
    21    (d) "Default setting" means any configuration of  a  networked  camera
    22  device  that  is active upon initial setup without affirmative action by
    23  the owner of such device.
    24    (e) "Manufacturer or operator" means a person or entity that:
    25    (i) manufactures a networked camera device; and/or
    26    (ii)  provides  digital  services  to  owners  of   internet-connected
    27  networked  camera  devices,  including  but  not  limited  to, accessing
    28  recorded video footage or still images that are saved on a remote  serv-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14888-01-6

        S. 9267                             2
 
     1  er,  remote access to live video footage, or access to other features of
     2  such networked camera devices.
     3    (f) "Owner" means the owner of a networked camera device.
     4    2.  Prohibited  practices.  No manufacturer or operator of a networked
     5  camera device shall:
     6    (a) enable any coordinated surveillance feature as a default  setting;
     7  provided,  however,  that  such coordinated surveillance features may be
     8  offered only upon the owner's affirmative opt-in consent, obtained sepa-
     9  rately from general terms of service;
    10    (b) use footage captured by an owner's  networked  camera  device  for
    11  algorithm  training,  product  development,  or  any  purpose other than
    12  providing services directly requested by such  owner,  without  separate
    13  affirmative consent;
    14    (c)  retain footage captured by a networked camera device that has not
    15  been activated with a paid subscription or affirmative owner  setup  for
    16  more  than  seventy-two  hours,  unless  such owner affirmatively elects
    17  longer retention; or
    18    (d) condition basic networked camera  device  functionality  on  owner
    19  participation in any coordinated surveillance feature.
    20    3.  Disclosure requirements. (a) At the point of sale of any networked
    21  camera device, the following disclosures shall be displayed  prominently
    22  and  separately  from other product information regarding such networked
    23  camera device:
    24    (i) whether such networked camera device  records  to  local  storage,
    25  remote server storage, or both;
    26    (ii)  whether any footage is transmitted to the manufacturer or opera-
    27  tor, or other third parties, absent owner action;
    28    (iii) whether any coordinated surveillance feature is included and, if
    29  so, such coordinated surveillance feature's default status; and
    30    (iv) such networked camera device's data retention practices.
    31    (b) Upon initial setup of a networked camera device, the  manufacturer
    32  or  operator shall present the consumer with a plain-language summary of
    33  data collection practices before any recording function  is  enabled  on
    34  such networked camera device.
    35    4.  Owner  data  rights.  (a) Upon request, a manufacturer or operator
    36  shall provide the owner  with  all  footage  captured  by  such  owner's
    37  networked   camera   device  within  seventy-two  hours,  regardless  of
    38  subscription status, in a commonly used electronic format.
    39    (b) Upon request, a manufacturer or operator shall delete all  footage
    40  and  derivative  data associated with an owner's networked camera device
    41  within thirty days.
    42    (c) An owner  may  revoke  consent  to  any  coordinated  surveillance
    43  feature  at any time, and such revocation shall take effect within twen-
    44  ty-four hours.
    45    5. Law enforcement access. (a) No footage from a coordinated  surveil-
    46  lance  feature  shall  be disclosed to any law enforcement agency except
    47  pursuant to a warrant issued upon probable cause or the networked camera
    48  device's owner's voluntary and informed consent given in response  to  a
    49  specific request.
    50    (b)  Manufacturers  and  operators  shall  publish annual transparency
    51  reports detailing the number of law enforcement requests  received,  the
    52  number complied with, and the legal process relied upon.
    53    6. Enforcement. (a) The attorney general may bring an action to enjoin
    54  violations  of  this  section and to obtain civil penalties of up to ten
    55  thousand dollars per violation, or up to  twenty-five  thousand  dollars
    56  per violation where such violation was willful.

        S. 9267                             3
 
     1    (b)  Any  person  injured  by  a violation of this section may bring a
     2  civil action to recover actual  damages  or  five  hundred  dollars  per
     3  violation,  whichever  is  greater,  plus reasonable attorney's fees and
     4  costs.
     5    §  3. This act shall take effect one year after it shall have become a
     6  law.  Effective immediately, the addition, amendment  and/or  repeal  of
     7  any  rule  or regulation necessary for the implementation of this act on
     8  its effective date are authorized to be made and completed on or  before
     9  such effective date.
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