NY State Senate Bill 2009-S4329

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to corporations, authorities and commissions
Apr 22, 2009	referred to corporations, authorities and commissions

2009-S4329 (ACTIVE) - Details

See Assembly Version of this Bill:: A1313
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add Art 1-B §§52 - 55, Pub Auth L; add Art 23 §§490 - 493, Transp L; add Art 14-B-1 §§375 - 378, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5158
2013-2014: A294
2015-2016: A5938
2017-2018: A5649

2009-S4329 (ACTIVE) - Summary

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.

2009-S4329 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4329

 TITLE OF BILL :
An act to amend the public authorities law, the transportation law and
the general municipal law, in relation to establishing a
closed-circuit television system and surveillance personal privacy act


 PURPOSE OR GENERAL IDEA OF THE BILL :
To create a policy regarding the use of closed circuit television
systems by the Thruway Authority that would protect an individual's
privacy while making sure the Authority uses these system's
responsibly and for very specific purposes.

 SUMMARY OF PROVISIONS :
Section 1. Legislative Findings
Section 2: Add new Article 1-B to the Public Authorities. Law.
§52. Definitions
§53. Operation of CCTV systems; privacy protections
§54. Restrictions on recording of CCTV system video.
§55. Privacy agreements with other entities.
Section 3: MTA directed conduct a study to review all elements of its
operation for CCTV, including privacy statement.
Section 4: Add new Article 23 to the Transportation Law.
§490. Definitions
§491. Operation of CCTV systems; privacy protections

§492. Restrictions on recording of CCTV system video.
§493. Use and dissemination of CCTV system data.
Section 5: Add new Article 14-8-1 to General Municipal Law.
§375. Definitions.
§376. Operation of CCTV systems; privacy protections.
§377. Restrictions on recording CCTV system video.
§378. Use and dissemination of CCTV system data.
Section 6. Enacting Clause.

 JUSTIFICATION :
The state has increasingly used camera systems and other surveillance
technologies to monitor the daily legal activities of its citizens.
Even in public and quasipublic forums, increasing use of government
surveillance has a chilling effect on the freedoms and activities of
its citizens. The state has an obligation to establish a policy in
which the public's privacy interests are protected where camera
systems are increasingly used in traffic enforcement surveillance and
other areas. Where these surveillance systems are used, the state has
an obligation to protect an individual's right of personal privacy,
and consequently, must take all steps to protect the personal privacy
in all aspects of system planning, design, deployment, operation and
maintenance and shall not collect or disseminate any personal
identifier information.

 LEGISLATIVE HISTORY :
A.11327 (2007-2008)

 FISCAL IMPLICATIONS :
None

 EFFECTIVE DATE :
60 days after it shall have become law.

2009-S4329 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4329

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. VALESKY -- 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:

  Section 1. Legislative  findings  and  declarations.  The  legislature
finds  and  declares  the state has increasingly used camera systems and
other surveillance technologies to monitor the daily legal activities of
its citizens. Even in public and quasi-public forums, increasing use  of
government surveillance has a chilling effect on the freedoms and activ-
ities  of  its citizens. Therefore, the legislature finds that the state
has an obligation to establish a policy in which  the  public's  privacy
interests  are  protected  where camera systems are increasingly used in
traffic enforcement, surveillance and other areas. Where these  surveil-
lance  systems are used, the state has an obligation to protect an indi-
vidual's right of personal privacy,  and  consequently,  must  take  all
steps to protect the personal privacy in all aspects of system planning,
design,  deployment,  operation and maintenance and shall not collect or
disseminate any personal identifier information.
  S 2. The public authorities law is amended by adding a new article 1-B
to read as follows:
                               ARTICLE 1-B
            PUBLIC AUTHORITY CLOSED-CIRCUIT TELEVISION SYSTEM
                  AND SURVEILLANCE PERSONAL PRIVACY ACT
SECTION 52. DEFINITIONS.
        53. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.
        54. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO.
        55. USE AND DISSEMINATION OF CCTV SYSTEM DATA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04801-02-9

S. 4329                             2

  S 52. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  THE  TERMS  "CLOSED-CIRCUIT  TELEVISION SYSTEM," "CCTV SYSTEM," OR
"CCTV" SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO  COLLECT,
TRANSMIT  AND  MONITOR DATA ELECTRONICALLY VIA A DATA STREAM AND PROJECT
SUCH DATA ONTO A VIDEO MONITOR, TELEVISION SCREEN  OR  OTHER  MONITORING
EQUIPMENT  AND  ANY  OTHER  SYSTEM  THAT ALLOWS THE COLLECTION, VIEWING,
TRANSMISSION AND RECORDING OF VIDEO IMAGES;  AND  SUCH  A  SYSTEM  IS  A
CLOSED  CIRCUIT  IN  THAT  IT  HAS  LIMITED ACCESS, AND ALL ELEMENTS ARE
DIRECTLY CONNECTED AND CONTROLLED  BY  OPERATORS  OF  THE  SYSTEM.  CCTV
SYSTEM  SHALL  NOT INCLUDE: ANY IMAGES OR VIDEOTAPE PREPARED PURSUANT TO
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER; OR  ANY  SYSTEM
OR  NETWORK  OF CAMERAS INSTALLED ON A CCTV SYSTEM OPERATOR'S FACILITIES
FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES.
  2. "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER  PRIVATE
ORGANIZATION,  INCLUDING  ANY ORGANIZATION PROVIDING NEWS MEDIA SERVICES
OR ANY OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A  PUBLIC  SERVICE
ENTITY.
  3.  "PUBLIC  SERVICE  ENTITY"  SHALL  MEAN  ANY  PUBLIC AGENCY, PUBLIC
AUTHORITY, PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY,  MUNICIPALITY,
ACCREDITED   ACADEMIC  INSTITUTION,  OR  NOT-FOR-PROFIT  PUBLIC  SERVICE
PROVIDER.
  4. "INCIDENT" SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR  A  PUBLIC
HIGHWAY,  ROADWAY,  OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN IMPACT ON
THE SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE  TO
HIGHWAY  CONGESTION,  AND  SHALL  INCLUDE  A VEHICULAR ACCIDENT, AND ANY
VIOLATION OF LAW OR SIMILAR SITUATION THAT WOULD  NORMALLY  INVOLVE  THE
ATTENTION OF A PEACE OFFICER.
  5.  "PERSONAL  IDENTIFIER  INFORMATION"  SHALL  MEAN ANY DATA OR VIDEO
REPRESENTATION THAT COULD:
  (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE;
  (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE;
  (C) IDENTIFY THE CONTENTS OF THE  ENCLOSED  INTERIOR  OF  A  PASSENGER
VEHICLE; OR
  (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE.
  6.  "CCTV  SYSTEM OPERATOR" SHALL MEAN ANY PUBLIC AUTHORITY AS DEFINED
IN THIS CHAPTER THAT OWNS OR OPERATES A CCTV SYSTEM.
  S 53. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.  1. THE  CAMERAS
OF  A  CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED
ON THE HIGHWAY AND FEEDER  AND  EXIT  ROADS  FOR  WHICH  THE  SYSTEM  IS
INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV-
ER,  SUCH  CAMERAS  MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO
AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE,
AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF  A
PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  2.  NO  CCTV  SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON
PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON
SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT  PROHIBIT
SUCH  MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF
A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT
PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER  OF  A
COURT  OF  COMPETENT  JURISDICTION,  AND  EXCEPT  THAT  SUCH DATA MAY BE
COLLECTED WITHOUT A COURT ORDER IN A  PUBLIC  HEALTH  DANGER  OR  SAFETY
EMERGENCY  SITUATION  TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING
THE GATHERING  OF  INFORMATION  NECESSARY  TO  PROVIDE  THE  APPROPRIATE
RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.

S. 4329                             3

  4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE-
MENT  THE  REQUIREMENTS  OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN
THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN
SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE.
  S  54.  RESTRICTIONS  ON  RECORDING  CCTV  SYSTEM  VIDEO. 1. EXCEPT AS
PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT  RECORD  CCTV
DATA.  IN  ALL  CASES,  RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER
THAT PROTECTS THE PRIVACY OF THE PUBLIC.
  2. A CCTV SYSTEM OPERATOR MAY RECORD CCTV DATA  EITHER  ON  A  PLANNED
BASIS  OR  ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY ESTABLISH A
PLAN IN ADVANCE FOR THE RECORDING OF  VIDEO  IMAGES  IN  RESPONSE  TO  A
SPECIFIC  NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO IMPROV-
ING SAFETY AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR  SYSTEM  PLAN-
NING AND PERFORMANCE INCLUDING:
  (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM;
  (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING;
  (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS;
  (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR
  (E)  TO  COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES,
PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI-
VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM  THE  DATA
OR OBSCURED BEFORE THE DATA IS STORED AND USED.
  A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY
COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW
FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE.
  3.  ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL
BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS
RESTRICTED ONLY FOR THE PURPOSE  THAT  IT  WAS  GATHERED  AND  UPON  THE
APPROVAL  OF  SUPERVISORY  LEVEL PERSONNEL. ANY SUCH RECORDINGS SHALL BE
RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE  OF  THE  ARCHIVED
DATA  FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS
RETENTION SCHEDULE OR POLICY.
  S 55. USE AND DISSEMINATION OF CCTV SYSTEM  DATA.  1.  A  CCTV  SYSTEM
OPERATOR  SHALL  USE  ITS  CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION
PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES.  NOTHING
CONTAINED  IN  THIS  SECTION  OR  ANY  OTHER  PROVISION  OF LAW SHALL BE
CONSTRUED AS PROHIBITING A CCTV  SYSTEM  OPERATOR  FROM  UTILIZING  CCTV
SYSTEM  DATA  IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH
THE OPERATOR IS A PARTY.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM  DATA  THAT
CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC
AND  SHALL  NOT  BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  3. A CCTV SYSTEM OPERATOR MAY,  IN  ITS  DISCRETION,  DISTRIBUTE  CCTV
SYSTEM  DATA  THAT  DOES  NOT  CONTAIN  PERSONAL  IDENTIFIER INFORMATION
DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS  DIRECTLY  OR
THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL-
ER  INFORMATION,  PROVIDED  THAT  ALL  SUCH  DATA DISSEMINATED FROM CCTV
SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH  A
DELAY OF NOT TO EXCEED FIFTEEN MINUTES.
  4.  (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS
CCTV SYSTEM DATA TO OTHER PUBLIC  SERVICE  ENTITIES  TO  ACHIEVE  COMMON
TRANSPORTATION  SAFETY  AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI-
DENTS, PUBLIC HEALTH DANGERS OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA-
TOR MAY DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS  PERSONAL  IDENTIFIER
INFORMATION  TO  PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY TO DEAL

S. 4329                             4

WITH SUCH INCIDENT, DANGER OR EMERGENCY. A CCTV  SYSTEM  OPERATOR  SHALL
NOT  DISSEMINATE  CCTV  SYSTEM  DATA  THAT  CONTAINS PERSONAL IDENTIFIER
INFORMATION TO PRIVATE ENTITIES.
  (B)  ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR
TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE  PURSUANT  TO  A  WRITTEN
AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS:
  (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV
SYSTEM DATA THAT IS PROVIDED;
  (II)  THE  CCTV  SYSTEM  OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM
DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE;
  (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE
PURPOSES FOR WHICH THE DISSEMINATION IS MADE;
  (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV  SYSTEM  DATA  TO
ANY  THIRD  PARTY  WITHOUT  THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM
OPERATOR;
  (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM  DATA  THAT
CONTAINS  PERSONAL  IDENTIFIER  INFORMATION TO ANY THIRD PARTY UNDER ANY
CIRCUMSTANCES; AND
  (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT
AS PROVIDED IN THIS SECTION.
  (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND  A  PRIVATE
ENTITY  FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE
FOLLOWING PROVISIONS:
  (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV  SYSTEM  DATA
TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND
  (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV
SYSTEM  OPERATOR  MAY,  IN  ITS  SOLE DISCRETION AND SUBJECT TO A POLICY
ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY  TO
RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES
AS  TRAFFIC  REPORTS  AIRED  BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR
HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI-
TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF  ITS
CREATION.
  S 3. The New York metropolitan transportation authority is directed to
conduct  a  study  to review all elements of its operations and create a
mission statement that explicitly states the authority's use of  closed-
circuit  television  systems and other surveillance systems and what the
reasonable privacy expectations  of  an  individual  are  regarding  the
authority's  use  of  such systems. The authority shall report within 60
days of the effective date of this act and report to the  governor,  the
speaker  of  the  assembly,  the  temporary president of the senate, the
chairman of the assembly standing committee on corporations, authorities
and commissions, and the chairman of the senate  standing  committee  on
corporations, authorities and commissions.
  S  4.  The transportation law is amended by adding a new article 23 to
read as follows:
                                ARTICLE 23
             STATE HIGHWAY CLOSED-CIRCUIT TELEVISION SYSTEM
                  AND SURVEILLANCE PERSONAL PRIVACY ACT
SECTION 490. DEFINITIONS.
        491. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.
        492. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO.
        493. USE AND DISSEMINATION OF CCTV SYSTEM DATA.
  S 490. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERMS "CLOSED-CIRCUIT TELEVISION  SYSTEM,"  "CCTV  SYSTEM,"  OR
"CCTV"  SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT,

S. 4329                             5

TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM  AND  PROJECT
SUCH  DATA  ONTO  A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING
EQUIPMENT AND ANY OTHER SYSTEM  THAT  ALLOWS  THE  COLLECTION,  VIEWING,
TRANSMISSION  AND  RECORDING OF VIDEO IMAGES; AND IS A CLOSED CIRCUIT IN
THAT IT HAS LIMITED ACCESS AND ALL ELEMENTS ARE DIRECTLY  CONNECTED  AND
CONTROLLED  BY  OPERATORS  OF THE SYSTEM. CCTV SYSTEM SHALL NOT INCLUDE:
ANY SYSTEM OR NETWORK OF CAMERAS INSTALLED ON A CCTV  SYSTEM  OPERATOR'S
FACILITIES FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES.
  2.  "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE
ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS  MEDIA  SERVICES
OR  ANY  OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE
ENTITY.
  3. "PUBLIC SERVICE  ENTITY"  SHALL  MEAN  ANY  PUBLIC  AGENCY,  PUBLIC
AUTHORITY,  PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY,
ACCREDITED  ACADEMIC  INSTITUTION,  OR  NOT-FOR-PROFIT  PUBLIC   SERVICE
PROVIDER.
  4.  "INCIDENT"  SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC
HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN  IMPACT  ON
THE  SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO
HIGHWAY CONGESTION, AND SHALL INCLUDE  A  VEHICULAR  ACCIDENT,  AND  ANY
VIOLATION  OF  LAW  OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE
ATTENTION OF A PEACE OFFICER.
  5. "PERSONAL IDENTIFIER INFORMATION" SHALL  MEAN  ANY  DATA  OR  VIDEO
REPRESENTATION THAT COULD:
  (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE;
  (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE;
  (C)  IDENTIFY  THE  CONTENTS  OF  THE ENCLOSED INTERIOR OF A PASSENGER
VEHICLE; OR
  (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE.
  6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY DEPARTMENT OF  STATE  GOVERN-
MENT THAT OWNS OR OPERATES A CCTV SYSTEM.
  S  491. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE CAMERAS
OF A CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE  CONTINUOUSLY  FOCUSED
ON  THE  HIGHWAY  AND  FEEDER  AND  EXIT  ROADS  FOR WHICH THE SYSTEM IS
INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV-
ER, SUCH CAMERAS MAY SHOW ADJACENT LANDS WHERE IT IS  NOT  PRACTICAL  TO
AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE,
AND  THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF A
PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  2. NO CCTV SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO  BE  FOCUSED  ON
PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON
SUCH  PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT PROHIBIT
SUCH MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT  OF
A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT
PERSONAL  IDENTIFIER  INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER OF A
COURT OF COMPETENT JURISDICTION,  AND  EXCEPT  THAT  SUCH  DATA  MAY  BE
COLLECTED  WITHOUT  A  COURT  ORDER  IN A PUBLIC HEALTH DANGER OR SAFETY
EMERGENCY SITUATION TO PROVIDE FOR THE SAFETY OF THE  PUBLIC,  INCLUDING
THE  GATHERING  OF  INFORMATION  NECESSARY  TO  PROVIDE  THE APPROPRIATE
RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE-
MENT THE REQUIREMENTS OF THIS ARTICLE. NO PERSON SHALL  BE  EMPLOYED  IN
THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN
SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE.

S. 4329                             6

  S  492.  RESTRICTIONS  ON  RECORDING  CCTV  SYSTEM VIDEO. 1. EXCEPT AS
PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT  RECORD  CCTV
DATA.  IN  ALL  CASES,  RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER
THAT PROTECTS THE PRIVACY OF THE PUBLIC.
  2.  A  CCTV  SYSTEM  OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED
BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY  ESTABLISH  A
PLAN  IN  ADVANCE  FOR  THE  RECORDING  OF VIDEO IMAGES IN RESPONSE TO A
SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO  IMPROV-
ING  SAFETY  AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN-
NING AND PERFORMANCE INCLUDING:
  (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM;
  (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING;
  (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS;
  (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR
  (E) TO COLLECT DATA FOR TRANSPORTATION PLANNING  MANAGEMENT  PURPOSES,
PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI-
VISION,  PERSONAL  IDENTIFIER INFORMATION SHALL BE REMOVED FROM THE DATA
OR OBSCURED BEFORE THE DATA IS STORED AND USED.
  A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY
COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW
FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE.
  3. ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION  SHALL
BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS
RESTRICTED  ONLY  FOR  THE  PURPOSE  THAT  IT  WAS GATHERED AND UPON THE
APPROVAL OF SUPERVISORY LEVEL PERSONNEL. ANY SUCH  RECORDINGS  SHALL  BE
RETAINED  ONLY  FOR  THE MINIMUM REQUIRED TIME AFTER USE OF THE ARCHIVED
DATA FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE  RECORDS
RETENTION SCHEDULE OR POLICY.
  S  493.  USE  AND  DISSEMINATION OF CCTV SYSTEM DATA. 1. A CCTV SYSTEM
OPERATOR SHALL USE ITS CCTV SYSTEM  DATA  PRIMARILY  FOR  TRANSPORTATION
PLANNING,  TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES. NOTHING
CONTAINED IN THIS SECTION  OR  ANY  OTHER  PROVISION  OF  LAW  SHALL  BE
CONSTRUED  AS  PROHIBITING  A  CCTV  SYSTEM OPERATOR FROM UTILIZING CCTV
SYSTEM DATA IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING  TO  WHICH
THE OPERATOR IS A PARTY.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, CCTV SYSTEM DATA THAT
CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC
AND SHALL NOT BE SUBJECT TO PUBLIC INSPECTION AND  COPYING  PURSUANT  TO
ARTICLE SIX OF THE PUBLIC  OFFICERS LAW.
  3.  A  CCTV  SYSTEM  OPERATOR  MAY, IN ITS DISCRETION, DISTRIBUTE CCTV
SYSTEM DATA  THAT  DOES  NOT  CONTAIN  PERSONAL  IDENTIFIER  INFORMATION
DIRECTLY  TO  THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS DIRECTLY OR
THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL-
ER INFORMATION, PROVIDED THAT  ALL  SUCH  DATA  DISSEMINATED  FROM  CCTV
SYSTEMS  SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH A
DELAY OF NOT TO EXCEED FIFTEEN MINUTES.
  4. (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE  ITS
CCTV  SYSTEM  DATA  TO  OTHER  PUBLIC SERVICE ENTITIES TO ACHIEVE COMMON
TRANSPORTATION SAFETY AND MANAGEMENT OBJECTIVES. IN THE EVENT  OF  INCI-
DENTS, PUBLIC HEALTH DANGERS OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA-
TOR  MAY  DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER
INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY  TO  DEAL
WITH  SUCH  INCIDENT,  DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL
NOT DISSEMINATE CCTV  SYSTEM  DATA  THAT  CONTAINS  PERSONAL  IDENTIFIER
INFORMATION TO PRIVATE ENTITIES.

S. 4329                             7

  (B)  ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR
TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE  PURSUANT  TO  A  WRITTEN
AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS:
  (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV
SYSTEM DATA THAT IS PROVIDED;
  (II)  THE  CCTV  SYSTEM  OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM
DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE;
  (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE
PURPOSES FOR WHICH THE DISSEMINATION IS MADE;
  (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV  SYSTEM  DATA  TO
ANY  THIRD  PARTY  WITHOUT  THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM
OPERATOR;
  (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM  DATA  THAT
CONTAINS  PERSONAL  IDENTIFIER  INFORMATION TO ANY THIRD PARTY UNDER ANY
CIRCUMSTANCES; AND
  (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT
AS PROVIDED IN THIS SECTION.
  (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND  A  PRIVATE
ENTITY  FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE
FOLLOWING PROVISIONS:
  (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV  SYSTEM  DATA
TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND
  (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV
SYSTEM  OPERATOR  MAY,  IN  ITS  SOLE DISCRETION AND SUBJECT TO A POLICY
ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY  TO
RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES
AS  TRAFFIC  REPORTS  AIRED  BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR
HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI-
TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF  ITS
CREATION.
  S  5.  The  general  municipal  law is amended by adding a new article
14-B-1 to read as follows:
                              ARTICLE 14-B-1
               MUNICIPAL CLOSED-CIRCUIT TELEVISION SYSTEM
                  AND SURVEILLANCE PERSONAL PRIVACY ACT
SECTION 375. DEFINITIONS.
        376. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.
        377. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO.
        378. USE AND DISSEMINATION OF CCTV SYSTEM DATA.
  S 375. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERMS "CLOSED-CIRCUIT TELEVISION  SYSTEM,"  "CCTV  SYSTEM,"  OR
"CCTV"  SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT,
TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM  AND  PROJECT
SUCH  DATA  ONTO  A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING
EQUIPMENT AND ANY OTHER SYSTEM  THAT  ALLOWS  THE  COLLECTION,  VIEWING,
TRANSMISSION  AND  RECORDING OF VIDEO IMAGES; AND IS A CLOSED CIRCUIT IN
THAT IT HAS LIMITED ACCESS AND ALL ELEMENTS ARE DIRECTLY  CONNECTED  AND
CONTROLLED  BY  OPERATORS  OF THE SYSTEM. CCTV SYSTEM SHALL NOT INCLUDE:
ANY SYSTEM THAT PRODUCES ANY IMAGES OR VIDEOTAPE AUTHORIZED PURSUANT  TO
SECTION  ELEVEN  HUNDRED ELEVEN-A OF THE VEHICLE AND TRAFFIC LAW AND ANY
SYSTEM OR NETWORK OF CAMERAS  INSTALLED  ON  A  CCTV  SYSTEM  OPERATOR'S
FACILITIES FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES.
  2.  "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE
ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS  MEDIA  SERVICES
OR  ANY  OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE
ENTITY.

S. 4329                             8

  3. "PUBLIC SERVICE  ENTITY"  SHALL  MEAN  ANY  PUBLIC  AGENCY,  PUBLIC
AUTHORITY,  PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY,
ACCREDITED  ACADEMIC  INSTITUTION,  OR  NOT-FOR-PROFIT  PUBLIC   SERVICE
PROVIDER.
  4.  "INCIDENT"  SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC
HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN  IMPACT  ON
THE  SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO
HIGHWAY CONGESTION, AND SHALL INCLUDE  A  VEHICULAR  ACCIDENT,  AND  ANY
VIOLATION  OF  LAW  OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE
ATTENTION OF A PEACE OFFICER.
  5. "PERSONAL IDENTIFIER INFORMATION" SHALL  MEAN  ANY  DATA  OR  VIDEO
REPRESENTATION THAT COULD:
  (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE;
  (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE;
  (C)  IDENTIFY  THE  CONTENTS  OF  THE ENCLOSED INTERIOR OF A PASSENGER
VEHICLE; OR
  (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE.
  6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY COUNTY, TOWN, CITY OR VILLAGE
THAT OWNS OR OPERATES A CCTV SYSTEM.
  S 376. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE  CAMERAS
OF  A  CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED
ON THE HIGHWAY AND FEEDER  AND  EXIT  ROADS  FOR  WHICH  THE  SYSTEM  IS
INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV-
ER,  SUCH  CAMERAS  MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO
AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE,
AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF  A
PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  2.  NO  CCTV  SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON
PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON
SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT  PROHIBIT
SUCH  MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF
A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT
PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER  OF  A
COURT  OF  COMPETENT  JURISDICTION,  AND  EXCEPT  THAT  SUCH DATA MAY BE
COLLECTED WITHOUT A COURT ORDER IN A  PUBLIC  HEALTH  DANGER  OR  SAFETY
EMERGENCY  SITUATION  TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING
THE GATHERING  OF  INFORMATION  NECESSARY  TO  PROVIDE  THE  APPROPRIATE
RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
  4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE-
MENT  THE  REQUIREMENTS  OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN
THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN
SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE.
  S 377. RESTRICTIONS ON RECORDING  CCTV  SYSTEM  VIDEO.  1.  EXCEPT  AS
PROVIDED  IN  THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT RECORD CCTV
DATA. IN ALL CASES, RECORDING OF CCTV DATA SHALL BE  DONE  IN  A  MANNER
THAT PROTECTS THE PRIVACY OF THE PUBLIC.
  2.  A  CCTV  SYSTEM  OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED
BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY  ESTABLISH  A
PLAN  IN  ADVANCE  FOR  THE  RECORDING  OF VIDEO IMAGES IN RESPONSE TO A
SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO  IMPROV-
ING  SAFETY  AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN-
NING AND PERFORMANCE INCLUDING:
  (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM;
  (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING;
  (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS;

S. 4329                             9

  (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR
  (E)  TO  COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES,
PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI-
VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM  THE  DATA
OR OBSCURED BEFORE THE DATA IS STORED AND USED.
  A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY
COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW
FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE.
  3.  ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL
BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS
RESTRICTED ONLY FOR THE PURPOSE  THAT  IT  WAS  GATHERED  AND  UPON  THE
APPROVAL  OF  SUPERVISORY  LEVEL  PERSONNEL. ANY SUCH RECORDING SHALL BE
RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE  OF  THE  ARCHIVED
DATA  FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS
RETENTION SCHEDULE OR POLICY.
  S 378. USE AND DISSEMINATION OF CCTV SYSTEM DATA.  1.  A  CCTV  SYSTEM
OPERATOR  SHALL  USE  ITS  CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION
PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES.  NOTHING
CONTAINED  IN  THIS  SECTION  OR  ANY  OTHER  PROVISION  OF LAW SHALL BE
CONSTRUED AS PROHIBITING A CCTV  SYSTEM  OPERATOR  FROM  UTILIZING  CCTV
SYSTEM  DATA  IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH
THE OPERATOR IS A PARTY.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM  DATA  THAT
CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC
AND  SHALL  NOT  BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  3. A CCTV SYSTEM OPERATOR MAY,  IN  ITS  DISCRETION,  DISTRIBUTE  CCTV
SYSTEM  DATA  THAT  DOES  NOT  CONTAIN  PERSONAL  IDENTIFIER INFORMATION
DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS  DIRECTLY  OR
THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL-
ER  INFORMATION,  PROVIDED  THAT  ALL  SUCH  DATA DISSEMINATED FROM CCTV
SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH  A
DELAY OF NOT TO EXCEED FIFTEEN MINUTES.
  4.  (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS
CCTV SYSTEM DATA TO OTHER PUBLIC  SERVICE  ENTITIES  TO  ACHIEVE  COMMON
TRANSPORTATION  SAFETY  AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI-
DENTS, PUBLIC HEALTH DANGER OR SAFETY EMERGENCIES, A CCTV SYSTEM  OPERA-
TOR  MAY  DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER
INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY  TO  DEAL
WITH  SUCH  INCIDENT,  DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL
NOT DISSEMINATE CCTV  SYSTEM  DATA  THAT  CONTAINS  PERSONAL  IDENTIFIER
INFORMATION TO PRIVATE ENTITIES.
  (B)  ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR
TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE  PURSUANT  TO  A  WRITTEN
AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS:
  (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV
SYSTEM DATA THAT IS PROVIDED;
  (II)  THE  CCTV  SYSTEM  OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM
DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE;
  (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE
PURPOSES FOR WHICH THE DISSEMINATION IS MADE;
  (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV  SYSTEM  DATA  TO
ANY  THIRD  PARTY  WITHOUT  THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM
OPERATOR;

S. 4329                            10

  (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM  DATA  THAT
CONTAINS  PERSONAL  IDENTIFIER  INFORMATION TO ANY THIRD PARTY UNDER ANY
CIRCUMSTANCES; AND
  (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT
AS PROVIDED IN THIS SECTION.
  (C)  A  WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND A PRIVATE
ENTITY FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN  THE
FOLLOWING PROVISIONS:
  (I)  THE  PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV SYSTEM DATA
TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND
  (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV
SYSTEM OPERATOR MAY, IN ITS SOLE DISCRETION  AND  SUBJECT  TO  A  POLICY
ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A  PRIVATE ENTITY TO
RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES
AS  TRAFFIC  REPORTS  AIRED  BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR
HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI-
TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF  ITS
CREATION.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S4329

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2009-S4329 (ACTIVE) - Details

2009-S4329 (ACTIVE) - Summary

2009-S4329 (ACTIVE) - Sponsor Memo

2009-S4329 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4329

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Sponsored By

David J. Valesky

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2009-S4329 (ACTIVE) - Details

2009-S4329 (ACTIVE) - Summary

2009-S4329 (ACTIVE) - Sponsor Memo

2009-S4329 (ACTIVE) - Bill Text download pdf

Comments