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A04985 Summary:

A04985 Actions:

A04985 Floor Votes:

A04985 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4985
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2009
                                       ___________
 
        Introduced by M. of A. BRODSKY, JAFFEE -- Multi-Sponsored by -- M. of A.
          GALEF -- read once and referred to the Committee on Governmental Oper-
          ations
 
        AN  ACT  to  amend the civil rights law, in relation to privacy of elec-
          tronic fare and toll records
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section 1.  Statement of legislative intent. The legislature finds and
     2  declares  that  public entities increasingly are establishing electronic
     3  toll and electronic fare payment systems, which have the  potential  for
     4  great  convenience  to the general public. E-Z Pass, for example, allows
     5  motorists to have toll charges automatically deducted  from  pre-establ-
     6  ished accounts.  Programs such as these have proven popular with consum-
     7  ers.  But  some  consumers,  public  officials  and public entities have
     8  raised legitimate questions about the extent to which records  of  indi-
     9  vidual  travel  created by such electronic toll and fare programs should
    10  be disclosed, and under  what  circumstances.    This  bill  establishes
    11  reasonable,  uniform  provisions  for maintaining the confidentiality of

    12  such records, while at the same time authorizing disclosure in cases  of
    13  legitimate law enforcement need.
    14    §  2.  The civil rights law is amended by adding a new section 50-f to
    15  read as follows:
    16    § 50-f. Privacy of electronic toll and fare records. 1.   Definitions.
    17  As used in this section:
    18    a.  "Electronic  toll information" shall mean records created or main-
    19  tained by a public entity or by a contractor on behalf of a public enti-
    20  ty concerning a motorist or motor vehicle regarding the use of any high-
    21  way, bridge, tunnel or other thoroughfare, including but not limited  to
    22  E-Z Pass records, which contain information such as (but not limited to)
    23  the  name and address of the registered vehicle owner or account holder,

    24  a description and/or license plate number of the vehicle, the date, time
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08599-01-9
        A. 4985                             2
 
     1  and location of the passage of  a  vehicle  through  a  toll  collection
     2  location,  and  the  statements  of  account additions and/or deductions
     3  prepared for or sent to the account holder.
     4    b.  "Electronic  fare information" shall mean records created or main-
     5  tained by a public entity or by a contractor on behalf of a public enti-
     6  ty concerning an account holder, including but not  limited  to  "Metro-

     7  card" and pass card system computer records concerning commuter railroad
     8  and/or  transit facility use, which contain information such as (but not
     9  limited to) the name and address of the account  holder;  the  date  and
    10  time  of  fare card or fare media use; identification of the location or
    11  transit station where such fare card or fare media  was  used;  and  the
    12  statements  of  account additions and/or deductions prepared for or sent
    13  to the account holder.
    14    c. "Public entity" shall mean and include any state or  local  depart-
    15  ment,  agency,  board,  bureau,  division, commission, public authority,
    16  public benefit corporation or office of the state or a political  subdi-
    17  vision  of  the  state, or any other entity performing a governmental or

    18  proprietary function for the state or any of its political subdivisions.
    19    d. "Contractor" shall mean any entity engaged in  performing  customer
    20  service  functions, including violations processing, under contract with
    21  a public entity.
    22    2. Confidentiality of records. Electronic toll information  and  elec-
    23  tronic fare information is confidential information. Notwithstanding the
    24  provisions  of  any other law, such information shall not be open to the
    25  public, nor subject to civil  or  criminal  process  or  discovery,  nor
    26  subject  to disclosure under the freedom of information law, nor used by
    27  any court or administrative  or  adjudicatory  body  in  any  action  or
    28  proceeding  therein,  and no public entity or employee, officer or agent

    29  thereof shall disclose such information, except that such information:
    30    a. shall be available for  inspection  and  copying  and  use  by  the
    31  account  holder  for  so  long as such information is maintained by such
    32  public entity, employee, officer or agent; and
    33    b. (i) shall be furnished when described in a search warrant issued by
    34  a court authorized to issue such a search warrant  pursuant  to  article
    35  six  hundred  ninety  of  the  criminal procedure law or a federal court
    36  authorized to issue such a search warrant under federal law, where  such
    37  search  warrant  states  that  there is reasonable cause to believe such
    38  information constitutes evidence of, or tends  to  demonstrate  that,  a

    39  misdemeanor  or  felony  offense  was committed in this state or another
    40  state, or that a particular person participated in the commission  of  a
    41  misdemeanor  or felony offense in this state or another state, provided,
    42  however, that if such offense was against the laws of another state, the
    43  court shall only issue a warrant if the conduct comprising such  offense
    44  would,  if  occurring  in this state, constitute a misdemeanor or felony
    45  against the laws of this state; and
    46    (ii) shall be furnished in response to a subpoena duces  tecum  signed
    47  by  a judge of competent jurisdiction and issued pursuant to article six
    48  hundred ten of the criminal procedure law or a judge or magistrate of  a

    49  federal  court  authorized  to  issue  such a subpoena duces tecum under
    50  federal law, where the judge finds and the subpoena states that there is
    51  reasonable cause to believe such information is relevant and material to
    52  the prosecution, or the defense, or the investigation by  an  authorized
    53  law  enforcement official, of the alleged commission of a misdemeanor or
    54  felony in this state or another state, provided, however, that  if  such
    55  offense  was against the laws of another state, such judge or magistrate
    56  shall only issue such subpoena if the conduct  comprising  such  offense
        A. 4985                             3
 
     1  would, if occurring in this state, constitute a misdemeanor or felony in
     2  this state; and

     3    (iii) may, if lawfully obtained pursuant to paragraph a of this subdi-
     4  vision or this paragraph and otherwise admissible, be used in such crim-
     5  inal action or proceeding; and
     6    c.  may  be  obtained and, if otherwise admissible, be used in a civil
     7  court or other civil administrative or adjudicatory body in  any  action
     8  or  proceeding  pending  therein  when such action or proceeding relates
     9  directly to the collection of toll or fare revenues and it is alleged:
    10    (i) by the provider of such services  that  tolls  or  fares  properly
    11  charged to the account holder remain unpaid; or
    12    (ii) by the account holder that tolls or fares were improperly charged
    13  to such holder's account; and

    14    d.  may  be  used by such public entity or a contractor on behalf of a
    15  public entity for communications  with  the  account  holder,  including
    16  monthly   statements,   announcements   and   notification   of  alleged
    17  violations; and
    18    e. may be used by such public entity or a contractor on  behalf  of  a
    19  public  entity  for  customer  service center to customer service center
    20  communications in connection with the administration of such  electronic
    21  toll or electronic fare information system; and
    22    f. limited to electronic fare information may, upon written request of
    23  the  board  of  education of the city of New York identifying a specific
    24  student holding a student  discount  card  issued  by  the  metropolitan

    25  transportation  authority  and/or one of its subsidiary corporations, be
    26  provided by such metropolitan transportation authority and/or subsidiary
    27  corporation to such board of education of the city of New York.
    28    3. Information. Nothing herein shall preclude  the  use  of  aggregate
    29  electronic toll or fare information which does not identify any individ-
    30  ual  account  holder  in  an  action or proceeding involving such public
    31  entity, nor preclude  the  use,  sale  or  distribution  of  information
    32  compiled  from  electronic toll or fare information, where such compiled
    33  information does not identify any individual account holder.
    34    4. Notice. Every public entity that collects electronic toll  or  fare

    35  information shall provide regular and conspicuous notice, in writing, to
    36  applicants  and  account  holders  concerning  the  provisions  of  this
    37  section, which notice shall also describe the  means  by  which  account
    38  holders may obtain copies of their individual account records.
    39    5.  Violations.  Any  person  who  knowingly  releases  or permits the
    40  release of electronic toll or electronic fare information that is confi-
    41  dential under this section to a person or entity not entitled to receive
    42  such information shall be subject to a civil penalty of up to five thou-
    43  sand dollars.
    44    § 3. This act shall take effect immediately.