S T A T E O F N E W Y O R K
________________________________________________________________________
4886
2025-2026 Regular Sessions
I N S E N A T E
February 13, 2025
___________
Introduced by Sen. GONZALEZ -- 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 A PASSENGER STATION'S ENTRY SYSTEM REQUIRES THE PURCHASE OF
A CARD, TOKEN, OR OTHER DEVICE IN ORDER TO ENTER THE PASSENGER STATION,
THEN (I) SUCH CARD, TOKEN, OR OTHER DEVICE SHALL BE AVAILABLE FOR
PURCHASE, INCLUDING BY CASH, 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 IDENTITY OF ANY INDIVID-
UAL, 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-FIVE.
§ 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09533-02-5
S. 4886 2
(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 MEAN ANY AGENCY WHICH IS EMPOWERED
BY LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A CRIME, AND
ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
PROSECUTION OF A CRIME, AND SHALL INCLUDE ANY AGENCY THAT PRIMARILY
ENFORCES IMMIGRATION 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 AS WELL AS ANY PERSON
EMPLOYED BY ANY AGENCY THAT PRIMARILY ENFORCES IMMIGRATION LAW.
(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, ITS SUBSIDIARY CORPORATIONS, OR ANY OTHER PERSON
OR ENTITY IN POSSESSION OF A DATA SUBJECT'S INDIVIDUALIZED FARE PAYMENT
DATA SHALL NOT DISCLOSE SUCH 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 ENFORCE-
MENT 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; OR
(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.
(B) THE AUTHORITY, ITS SUBSIDIARY CORPORATIONS, OR ANY OTHER PERSON OR
ENTITY IN POSSESSION OF A DATA SUBJECT'S INDIVIDUALIZED FARE PAYMENT
DATA SHALL NOT SELL SUCH INDIVIDUALIZED FARE PAYMENT DATA TO ANY THIRD
PARTY.
(C) 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 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
S. 4886 3
(D) THE AUTHORITY SHALL NOT ENTER INTO AN AGREEMENT DESCRIBED IN PARA-
GRAPH (C) OF THIS SUBDIVISION WITH ANY POLICE AGENCY OR LAW ENFORCEMENT
AGENCY.
(E) THE AUTHORITY SHALL NOT TRANSFER INDIVIDUALIZED FARE PAYMENT DATA
EXCEPT PURSUANT TO PARAGRAPHS (A) AND (C) OF THIS SUBDIVISION.
3. (A) ANY DATA SUBJECT OR CALLER WHOSE COMMUNICATION WAS DISCLOSED IN
VIOLATION OF THIS SECTION MAY SEEK JUDICIAL REVIEW AND RELIEF AGAINST
ANY PRIVATE PERSON OR 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.
(E) (I) THE AUTHORITY SHALL, QUARTERLY, PROVIDE TO THE INSPECTOR
GENERAL A LIST OF EACH INSTANCE IN WHICH IT SHARED INDIVIDUALIZED FARE
PAYMENT DATA WITH A POLICE AGENCY, LAW ENFORCEMENT AGENCY, OR LAW
ENFORCEMENT OFFICER, WHICH SHALL BE KEPT BY THE INSPECTOR GENERAL FOR A
PERIOD OF FIVE YEARS.
(II) SUCH LIST PROVIDED PURSUANT TO THIS PARAGRAPH SHALL CONTAIN THE
DATE OF THE DISCLOSURE; A DETAILED DESCRIPTION OF THE DATA SHARED,
ANONYMIZED TO PREVENT IDENTIFICATION OF THE INDIVIDUALS TO WHOM SUCH
DATA RELATES; THE INDIVIDUAL, AGENCY, AND DIVISION OF SUCH AGENCY, IF
APPLICABLE, TO WHICH IT WAS SHARED; IF SUCH DATA WAS SHARED PURSUANT TO
SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, A
DETAILED DESCRIPTION OF THE EXIGENCY AND THE DATE OF NOTIFICATION OF THE
DATA SUBJECT, OR, IF NOTICE WAS NOT PRACTICABLE, A DETAILED DESCRIPTION
OF THE EFFORTS MADE TO NOTIFY THE DATA SUBJECT; IF SUCH DATA WAS SHARED
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, A COPY OF THE WARRANT.
(III) THE INSPECTOR GENERAL SHALL REVIEW EACH DISCLOSURE, AND IF THE
INSPECTOR GENERAL FINDS AN INSTANCE OF DISCLOSURE MADE IN VIOLATION OF
THIS SECTION, THE INSPECTOR GENERAL REFER SUCH IMPROPER DISCLOSURE TO
THE ATTORNEY GENERAL FOR POTENTIAL LEGAL ACTION.
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 A PASSENGER STATION'S ENTRY SYSTEM REQUIRES THE PURCHASE OF A
CARD, TOKEN, OR OTHER DEVICE IN ORDER TO ENTER THE PASSENGER STATION,
THEN (I) SUCH CARD, TOKEN, OR OTHER DEVICE SHALL BE AVAILABLE FOR
PURCHASE, INCLUDING BY CASH, THROUGHOUT ALL HOURS OF OPERATION OF THE
S. 4886 4
PASSENGER STATION, (II) SUCH CARD, TOKEN, OR OTHER DEVICE SHALL NOT BE
REGISTERED TO OR OTHERWISE ASSOCIATED WITH THE IDENTITY OF ANY INDIVID-
UAL, 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-FIVE.
§ 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 MEAN ANY AGENCY WHICH IS EMPOWERED
BY LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A CRIME, AND
ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
PROSECUTION OF A CRIME, AND SHALL INCLUDE ANY AGENCY THAT PRIMARILY
ENFORCES IMMIGRATION 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 AS WELL AS ANY PERSON
EMPLOYED BY ANY AGENCY THAT PRIMARILY ENFORCES IMMIGRATION LAW.
(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. 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
ANY PRIVATE PERSON OR 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. 4886 5
(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.
(E) (I) THE AUTHORITY SHALL, QUARTERLY, PROVIDE TO THE INSPECTOR
GENERAL A LIST OF EACH INSTANCE IN WHICH IT SHARED INDIVIDUALIZED FARE
PAYMENT DATA WITH A POLICE AGENCY, LAW ENFORCEMENT AGENCY, OR LAW
ENFORCEMENT OFFICER, WHICH SHALL BE KEPT BY THE INSPECTOR GENERAL FOR A
PERIOD OF FIVE YEARS.
(II) SUCH LIST PROVIDED PURSUANT TO THIS PARAGRAPH SHALL CONTAIN THE
DATE OF THE DISCLOSURE; A DETAILED DESCRIPTION OF THE DATA SHARED,
ANONYMIZED TO PREVENT IDENTIFICATION OF THE INDIVIDUALS TO WHOM SUCH
DATA RELATES; THE INDIVIDUAL, AGENCY, AND DIVISION OF SUCH AGENCY, IF
APPLICABLE, TO WHICH DATA WAS SHARED; IF SUCH DATA WAS SHARED PURSUANT
TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION,
A DETAILED DESCRIPTION OF THE EXIGENCY AND THE DATE OF NOTIFICATION OF
THE DATA SUBJECT, OR, IF NOTICE WAS NOT PRACTICABLE, A DETAILED
DESCRIPTION OF THE EFFORTS MADE TO NOTIFY THE DATA SUBJECT; IF SUCH DATA
WAS SHARED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION, A COPY OF THE WARRANT.
(III) THE INSPECTOR GENERAL SHALL REVIEW EACH DISCLOSURE, AND IF THE
INSPECTOR GENERAL FINDS AN INSTANCE OF DISCLOSURE MADE IN VIOLATION OF
THIS SECTION, THE INSPECTOR GENERAL REFER SUCH IMPROPER DISCLOSURE TO
THE ATTORNEY GENERAL FOR POTENTIAL LEGAL ACTION.
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.