NY State Senate Bill 2023-S6142

Senate Bill S6142

2023-2024 Legislative Session

Prohibits the disclosure of individualized fare payment data by the metropolitan commuter transportation authority and the New York city transit authority

download bill text pdf

Current Bill Status - In Senate Committee Transportation 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 03, 2024	referred to transportation
Mar 30, 2023	referred to transportation

2023-S6142 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1266 & 1205, add §§1279-j & 1204-g, Pub Auth L

2023-S6142 (ACTIVE) - Summary

Prohibits the disclosure of individualized fare payment data by the metropolitan commuter transportation authority and the New York city transit authority for the purpose of maintaining customer privacy; provides certain exceptions when such data can be disclosed.

2023-S6142 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6142

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to prohibiting
the disclosure of individualized fare payment data by the metropolitan
commuter transportation authority and the New York city transit authori-
ty

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide protection and data privacy for individuals using the OMNY
program.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1266 of the public authorities law to state
that if an entry system requires the purchase of a card, such card shall
be available at all hours at the passenger station and caps the price of
such card.

Section 2 amends the public authorities law to provide privacy and
protection of individuals' data.

Section 3 amends section 1205 of the public authorities law to state
that if an entry system requires the purchase of a card, such card shall
be available at all hours at the passenger station and caps the price of
such card.

Section 4 sets the effective date.

 
JUSTIFICATION:

Under modern-day surveillance capitalism, interested parties can collect
and monetize online data at an unprecedented scale with little scrutiny
or limitation. Highly accurate information is both valuable monetarily,
and in real time solutions for social control.

Historically, transit has been used to restrict peoples' movements and
limit collective expression. Activist groups like Black Lives Matter
have been blatantly surveilled due to the lack of data privacy laws.
Law enforcement officials can collect or subpoena social media and
location data within transit areas, undermining the civil rights of
activists and protesters. The misuse of such available data, coupled
with a range of other surveillance tools, can result in the unlawful
arrest by police enforcement, ICE, and peace officers of innocent civil-
ians, especially towards BIPOC and other marginalized demographics
including undocumented immigrants, day laborers, unhoused individuals,
and previously incarcerated individuals.

Although MTA officials have promised to keep rider data secure and safe,
the Privacy Policy is deficient in several regards. The current system
was used in 1991 with the launch of the MetroCard, however it doesn't
have the same tracking capabilities as the new OMNY system.  When vari-
ous identifiers attach to your mobile device, while accessing your
account and OMNY id it combines with the phones NFC system that will
allow tracking.

OMNY accounts require real name and personal information, payment infor-
mation and will have a web tracker and any cookie OMNY chooses to deploy
and scrape social media for advertising. The current system does not
shed light on the extent of which information is being collected or
shared among third party providers by NYPD. This bill aims to protect
individuals and their private data.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S6142 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6142
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN  ACT  to amend the public authorities law, in relation to prohibiting
   the disclosure of individualized fare payment data by the metropolitan
   commuter transportation  authority  and  the  New  York  city  transit
   authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 16-a to read as follows:
   16-A.    IF AN ENTRY SYSTEM REQUIRES THE PURCHASE OF A CARD, TOKEN, OR
 OTHER DEVICE IN ORDER TO ENTER THE SYSTEM, THEN (I) SUCH CARD, TOKEN, OR
 OTHER DEVICE SHALL BE AVAILABLE FOR PURCHASE  THROUGHOUT  ALL  HOURS  OF
 OPERATION  OF  THE  PASSENGER  STATION,  (II) SUCH CARD, TOKEN, OR OTHER
 DEVICE SHALL NOT BE REGISTERED TO OR OTHERWISE ASSOCIATED WITH THE IDEN-
 TITY OF ANY INDIVIDUAL, AND (III) SUCH  CARD,  TOKEN,  OR  OTHER  DEVICE
 SHALL  NOT COST IN EXCESS OF THE PRESENT-DAY VALUE OF FIVE DOLLARS AS OF
 JANUARY FIRST, TWO THOUSAND TWENTY-THREE.
   § 2. The public authorities law is amended by  adding  a  new  section
 1279-j to read as follows:
   §  1279-J.  CUSTOMER PRIVACY. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DATA SUBJECT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 PURSUANT TO SUBDIVISION THREE OF SECTION NINETY-TWO OF THE PUBLIC  OFFI-
 CERS LAW.
   (B)  "DISCLOSE"  SHALL  HAVE  THE SAME MEANING AS SUCH TERM IS DEFINED
 PURSUANT TO SUBDIVISION FOUR OF SECTION NINETY-TWO OF THE  PUBLIC  OFFI-
 CERS LAW.
   (C)  "POLICE  AGENCY"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
 DEFINED PURSUANT TO SUBDIVISION EIGHT OF SECTION EIGHT  HUNDRED  THIRTY-
 FIVE OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09852-02-3

 S. 6142                             2
 
   (D)  "LAW ENFORCEMENT AGENCY" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED PURSUANT TO SUBDIVISION FOUR OF SECTION 705.00 OF THE  CRIMI-
 NAL PROCEDURE LAW.
   (E)  "LAW  ENFORCEMENT  OFFICER"  SHALL MEAN A POLICE OFFICER OR PEACE
 OFFICER, INCLUDING TRANSIT POLICE UNDER SUBDIVISION SIXTEEN  OF  SECTION
 ONE  THOUSAND  TWO HUNDRED FOUR OF THIS ARTICLE AND INCLUDING ANY PERSON
 EMPLOYED BY THE AUTHORITY POLICE FORCE ESTABLISHED PURSUANT  TO  SECTION
 ONE THOUSAND TWO HUNDRED SIXTY-SIX OF THIS TITLE.
   (F)  "POLICE  OFFICER"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS
 DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIM-
 INAL PROCEDURE LAW.
   (G) "PEACE OFFICER" SHALL  MEAN  ANY  INDIVIDUAL  LISTED  PURSUANT  TO
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   (H) "PERSON EMPLOYED" SHALL MEAN ANY EMPLOYEE, INDEPENDENT CONTRACTOR,
 OR VOLUNTEER UNDER THE STATUTORY AND COMMON LAW OF THE STATE OF NEW YORK
 ACTING IN THE SCOPE OF THEIR DUTIES AS AN EMPLOYEE, INDEPENDENT CONTRAC-
 TOR, OR VOLUNTEER.
   (I)  "INDIVIDUALIZED  FARE  PAYMENT DATA" SHALL MEAN PERSONAL INFORMA-
 TION, AS DEFINED IN SUBDIVISION  SEVEN  OF  SECTION  NINETY-TWO  OF  THE
 PUBLIC OFFICERS LAW, RELATED TO PAYMENT OF FARES TO THE AUTHORITY OR ITS
 SUBSIDIARY  CORPORATIONS  IN  ORDER TO ENTER, ACCESS, OR OTHERWISE USE A
 TRANSPORTATION SYSTEM ADMINISTERED BY THE AUTHORITY  OR  ITS  SUBSIDIARY
 CORPORATIONS.  "INDIVIDUALIZED FARE PAYMENT DATA" SHALL INCLUDE, BUT NOT
 BE LIMITED TO, DATA THAT CORRELATES A CARD, TOKEN, OR DEVICE USED TO PAY
 A FARE AND THE LOCATIONS AT WHICH SUCH CARD, TOKEN OR DEVICE WAS USED.
   2.  (A)  THE  AUTHORITY  AND  ITS  SUBSIDIARY  CORPORATIONS  SHALL NOT
 DISCLOSE A DATA SUBJECT'S INDIVIDUALIZED FARE PAYMENT DATA TO  A  POLICE
 AGENCY,  LAW  ENFORCEMENT  AGENCY,  OR LAW ENFORCEMENT OFFICER, OR USE A
 DATA SUBJECT'S INDIVIDUALIZED FARE  PAYMENT  DATA  FOR  LAW  ENFORCEMENT
 PURPOSES, UNLESS SUCH A DISCLOSURE IS:
   (I)  REASONABLY  NECESSARY TO PREVENT A SERIOUS AND IMMINENT THREAT TO
 THE LIFE OR SAFETY OF THE DATA SUBJECT OR OTHERS,  AND  NOTIFICATION  OF
 THE  DISCLOSURE IS TRANSMITTED TO THE DATA SUBJECT WITHIN TWENTY DAYS IF
 SUCH NOTICE IS PRACTICABLE;
   (II) PURSUANT TO A SEARCH WARRANT, SUPPORTED BY PARTICULARIZED  PROBA-
 BLE  CAUSE  WITH  RESPECT TO EACH DATA SUBJECT WHOSE INDIVIDUALIZED FARE
 PAYMENT DATA IS DISCLOSED; OR
   (III) MADE TO A PERSON  OR  ENTITY  THAT  AGREES  IN  WRITING  NOT  TO
 DISCLOSE  ANY  INDIVIDUALIZED  FARE PAYMENT DATA EXCEPT PURSUANT TO THIS
 SUBDIVISION.
   (B) IF THE AUTHORITY ENTERS  INTO  A  PARTNERSHIP  OR  AGREEMENT  WITH
 ANOTHER  ENTITY  TO  PROVIDE SERVICES, INCLUDING BUT NOT LIMITED TO FARE
 PAYMENT SERVICES, AND SUCH OTHER ENTITY DIRECTLY COLLECTS INDIVIDUALIZED
 FARE PAYMENT DATA PURSUANT TO SUCH A PARTNERSHIP OR AGREEMENT, THE ENTI-
 TY SHALL NOT DISCLOSE SUCH INDIVIDUALIZED FARE PAYMENT DATA  OTHER  THAN
 PURSUANT TO EXCEPTIONS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) THE AUTHORITY SHALL NOT ENTER INTO AN AGREEMENT DESCRIBED IN PARA-
 GRAPH  (B) OF THIS SUBDIVISION WITH ANY POLICE AGENCY OR LAW ENFORCEMENT
 AGENCY.
   3. (A) ANY DATA SUBJECT OR CALLER WHOSE COMMUNICATION WAS DISCLOSED IN
 VIOLATION OF THIS SECTION MAY SEEK JUDICIAL REVIEW  AND  RELIEF  AGAINST
 THE AUTHORITY OR PRIVATE ENTITY RESPONSIBLE FOR SUCH DISCLOSURE FOR:
   (I)  FIVE  THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER
 IS GREATER;
   (II) PUNITIVE DAMAGES; AND
   (III) ANY OTHER RELIEF THE COURT DEEMS WARRANTED.
 S. 6142                             3
 
   (B) IN ASSESSING THE AMOUNT OF PUNITIVE DAMAGES AWARDED TO A PLAINTIFF
 IN AN ACTION BROUGHT UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE  COURT
 SHALL CONSIDER:
   (I) THE DEFENDANT'S PATTERN OF VIOLATIONS OF THIS SECTION; AND
   (II)  THE  IMPACT  OF  THE VIOLATION ON THE DATA SUBJECT'S OR CALLER'S
 EXERCISE OF CONSTITUTIONAL AND  STATUTORY  RIGHTS,  INCLUDING,  BUT  NOT
 LIMITED TO, RELIGION, POLITICAL VIEWS, AND MEDICAL CARE.
   (C) IN ANY ACTION BROUGHT UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE
 COURT  SHALL  AWARD REASONABLE ATTORNEYS' FEES, EXPENSES, AND COSTS TO A
 PREVAILING PLAINTIFF.
   (D) THE ATTORNEY GENERAL MAY SEEK AN  INJUNCTION  FROM  ANY  COURT  OF
 PROPER JURISDICTION FOR ANY VIOLATION OF THIS SECTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
   (A) LIMIT OR ABRIDGE THE RIGHT OF ANY PERSON TO OBTAIN JUDICIAL REVIEW
 OR PECUNIARY OR OTHER RELIEF, IN ANY OTHER FORM OR UPON ANY OTHER BASIS,
 OTHERWISE AVAILABLE TO A PERSON; OR
   (B) REQUIRE THE AUTHORITY OR ANY OTHER ENTITY TO COLLECT OR RETAIN ANY
 INFORMATION ABOUT A CALLER OR DATA SUBJECT.
   § 3. Section 1205 of the public authorities law is amended by adding a
 new subdivision 9 to read as follows:
   9.    IF  AN  ENTRY  SYSTEM REQUIRES THE PURCHASE OF A CARD, TOKEN, OR
 OTHER DEVICE IN ORDER TO ENTER THE SYSTEM, THEN (I) SUCH CARD, TOKEN, OR
 OTHER DEVICE SHALL BE AVAILABLE FOR PURCHASE  THROUGHOUT  ALL  HOURS  OF
 OPERATION  OF  THE  PASSENGER  STATION,  (II) SUCH CARD, TOKEN, OR OTHER
 DEVICE SHALL NOT BE REGISTERED TO OR OTHERWISE ASSOCIATED WITH THE IDEN-
 TITY OF ANY INDIVIDUAL, AND (III) SUCH  CARD,  TOKEN,  OR  OTHER  DEVICE
 SHALL  NOT COST IN EXCESS OF THE PRESENT-DAY VALUE OF FIVE DOLLARS AS OF
 JANUARY FIRST, TWO THOUSAND TWENTY-THREE.
   § 4. The public authorities law is amended by  adding  a  new  section
 1204-g to read as follows:
   §  1204-G.  CUSTOMER PRIVACY. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DATA SUBJECT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 PURSUANT TO SUBDIVISION THREE OF SECTION NINETY-TWO OF THE PUBLIC  OFFI-
 CERS LAW.
   (B)  "DISCLOSE"  SHALL  HAVE  THE SAME MEANING AS SUCH TERM IS DEFINED
 PURSUANT TO SUBDIVISION FOUR OF SECTION NINETY-TWO OF THE  PUBLIC  OFFI-
 CERS LAW.
   (C)  "POLICE  AGENCY"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
 DEFINED PURSUANT TO SUBDIVISION EIGHT OF SECTION EIGHT  HUNDRED  THIRTY-
 FIVE OF THE EXECUTIVE LAW.
   (D)  "LAW ENFORCEMENT AGENCY" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED PURSUANT TO SUBDIVISION FOUR OF SECTION 705.00 OF THE  CRIMI-
 NAL PROCEDURE LAW.
   (E)  "LAW  ENFORCEMENT  OFFICER"  SHALL MEAN A POLICE OFFICER OR PEACE
 OFFICER, INCLUDING TRANSIT POLICE UNDER SUBDIVISION SIXTEEN  OF  SECTION
 ONE  THOUSAND  TWO  HUNDRED  FOUR OF THIS TITLE AND INCLUDING ANY PERSON
 EMPLOYED BY THE AUTHORITY POLICE FORCE ESTABLISHED PURSUANT  TO  SECTION
 ONE THOUSAND TWO HUNDRED SIXTY-SIX OF THIS ARTICLE.
   (F)  "POLICE  OFFICER"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS
 DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIM-
 INAL PROCEDURE LAW.
   (G) "PEACE OFFICER" SHALL  MEAN  ANY  INDIVIDUAL  LISTED  PURSUANT  TO
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   (H) "PERSON EMPLOYED" SHALL MEAN ANY EMPLOYEE, INDEPENDENT CONTRACTOR,
 OR VOLUNTEER UNDER THE STATUTORY AND COMMON LAW OF THE STATE OF NEW YORK
 S. 6142                             4
 
 ACTING IN THE SCOPE OF THEIR DUTIES AS AN EMPLOYEE, INDEPENDENT CONTRAC-
 TOR, OR VOLUNTEER.
   (I)  "INDIVIDUALIZED  FARE  PAYMENT DATA" SHALL MEAN PERSONAL INFORMA-
 TION, AS DEFINED IN SUBDIVISION  SEVEN  OF  SECTION  NINETY-TWO  OF  THE
 PUBLIC OFFICERS LAW, RELATED TO PAYMENT OF FARES TO THE AUTHORITY OR ITS
 SUBSIDIARY  CORPORATIONS  IN  ORDER TO ENTER, ACCESS, OR OTHERWISE USE A
 TRANSPORTATION SYSTEM ADMINISTERED BY THE AUTHORITY  OR  ITS  SUBSIDIARY
 CORPORATIONS.  "INDIVIDUALIZED FARE PAYMENT DATA" SHALL INCLUDE, BUT NOT
 BE LIMITED TO, DATA THAT CORRELATES A CARD, TOKEN, OR DEVICE USED TO PAY
 A FARE AND THE LOCATIONS AT WHICH SUCH CARD, TOKEN OR DEVICE WAS USED.
   2. THE AUTHORITY SHALL COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO
 OF SECTION ONE THOUSAND TWO HUNDRED SEVENTY-NINE-J OF THIS ARTICLE.
   3. (A) ANY DATA SUBJECT OR CALLER WHOSE COMMUNICATION WAS DISCLOSED IN
 VIOLATION  OF  THIS  SECTION MAY SEEK JUDICIAL REVIEW AND RELIEF AGAINST
 THE AUTHORITY OR PRIVATE ENTITY RESPONSIBLE FOR SUCH DISCLOSURE FOR:
   (I) FIVE THOUSAND DOLLARS PER VIOLATION OR ACTUAL  DAMAGES,  WHICHEVER
 IS GREATER;
   (II) PUNITIVE DAMAGES; AND
   (III) ANY OTHER RELIEF THE COURT DEEMS WARRANTED.
   (B) IN ASSESSING THE AMOUNT OF PUNITIVE DAMAGES AWARDED TO A PLAINTIFF
 IN  AN ACTION BROUGHT UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT
 SHALL CONSIDER:
   (I) THE DEFENDANT'S PATTERN OF VIOLATIONS OF THIS SECTION; AND
   (II) THE IMPACT OF THE VIOLATION ON THE  DATA  SUBJECT'S  OR  CALLER'S
 EXERCISE  OF  CONSTITUTIONAL  AND  STATUTORY  RIGHTS, INCLUDING, BUT NOT
 LIMITED TO, RELIGION, POLITICAL VIEWS, AND MEDICAL CARE.
   (C) IN ANY ACTION BROUGHT UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE
 COURT SHALL AWARD REASONABLE ATTORNEYS' FEES, EXPENSES, AND COSTS  TO  A
 PREVAILING PLAINTIFF.
   (D)  THE  ATTORNEY  GENERAL  MAY  SEEK AN INJUNCTION FROM ANY COURT OF
 PROPER JURISDICTION FOR ANY VIOLATION OF THIS SECTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
   (A) LIMIT OR ABRIDGE THE RIGHT OF ANY PERSON TO OBTAIN JUDICIAL REVIEW
 OR PECUNIARY OR OTHER RELIEF, IN ANY OTHER FORM OR UPON ANY OTHER BASIS,
 OTHERWISE AVAILABLE TO A PERSON; OR
   (B) REQUIRE THE AUTHORITY OR ANY OTHER ENTITY TO COLLECT OR RETAIN ANY
 INFORMATION ABOUT A CALLER OR DATA SUBJECT.
   § 5. This act shall take effect immediately.

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