NY State Senate Bill 2025-S4886

Senate Bill S4886

2025-2026 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
Apr 07, 2025	print number 4886a
Apr 07, 2025	amend and recommit to transportation
Feb 13, 2025	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S4886 - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1266 & 1205, add §§1279-j & 1204-g, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S6142

2025-S4886 - 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.

2025-S4886 - Sponsor Memo

                                 
BILL NUMBER: S4886

SPONSOR: GONZALEZ
 
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 require
that if an entry system requires the purchase of a card, such card shall
be available at all hours, shall not be associated with an individual's
identity, and caps the price of such card.

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

Section 3 amends section 1205 of the public authorities law to require
that if an entry system requires the purchase of a card, such card shall
be available at all hours, shall not be associated with an individual's
identity, 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 location and payment information is valu-
able both commercially and 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 easily obtain location data within transit
areas, undermining the civil rights of activists, protesters, and every-
day people. The misuse of such available data, coupled with a range of
other surveillance tools, can result in the unlawful arrest by law
enforcement, especially towards BIPOC and other marginalized demograph-
ics including undocumented immigrants, day laborers, unhoused individ-
uals, and previously incarcerated individuals.

Although MTA officials have promised to keep rider data secure and safe,
such practices are deficient in several regards. OMNY uses various iden-
tifiers that attach to a mobile device, allowing for user tracking. OMNY
accounts require disclosure of a user's actual name and other personal
information, which makes OMNY cards into valuable trove of sensitive
user data.

Current policy does not require disclosure of which information is being
collected or shared among third party providers. This bill aims to
protect individuals and their private data by regulating how this data
can be shared and requiring transparency around such disclosures.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S6142 Introduced

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S4886 - Bill Text download pdf

                             
                     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.

co-Sponsors

2025-S4886A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1266 & 1205, add §§1279-j & 1204-g, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S6142

2025-S4886A (ACTIVE) - Summary

2025-S4886A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4886A

SPONSOR: GONZALEZ
 
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 require
that if an entry system requires the purchase of a card, such card shall
be available at all hours, shall not be associated with an individual's
identity, and caps the price of such card. Cards for reduced or free-of-
charge fare are exempt, but the association with an individual's identi-

ty can only be used for the narrow purposes of determining eligibility
or replacing a lost or stolen card.

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

Section 3 amends section 1205 of the public authorities law to require
that if an entry system requires the purchase of a card, such card shall
be available at all hours, shall not be associated with an individual's
identity, and caps the price of such card. Cards for reduced or free-of-
charge fare are exempt, but the association with an individual's identi-
ty can only be used for the narrow purposes of determining eligibility
or replacing a lost or stolen 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 location and payment information is valu-
able both commercially and 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 easily obtain location data within transit
areas, undermining the civil rights of activists, protesters, and every-
day people. The misuse of such available data, coupled with a range of
other surveillance tools, can result in the unlawful arrest by law
enforcement, especially towards BIPOC and other marginalized demograph-
ics including undocumented immigrants, day laborers, unhoused individ-
uals, and previously incarcerated individuals.

Although MTA officials have promised to keep rider data secure and safe,
such practices are deficient in several regards. OMNY uses various iden-
tifiers that attach to a mobile device, allowing for user tracking. OMNY
accounts require disclosure of a user's actual name and other personal
information, which makes OMNY cards into valuable trove of sensitive
user data.

Current policy does not require disclosure of which information is being
collected or shared among third party providers. This bill aims to
protect individuals and their private data by regulating how this data
can be shared and requiring transparency around such disclosures.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S6142 Introduced

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S4886A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4886--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced by Sens. GONZALEZ, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 20 to read as follows:
   20. (A) IF A PASSENGER STATION'S ENTRY SYSTEM REQUIRES THE  USE  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.
   (B)  IF  A PASSENGER STATION'S ENTRY SYSTEM PERMITS THE USE OF A CARD,
 TOKEN, OR OTHER DEVICE IN ORDER TO ENTER  THE  PASSENGER  STATION  AT  A
 REDUCED  FARE  OR FREE-OF-CHARGE, THEN SUCH CARD, TOKEN, OR OTHER DEVICE
 FOR REDUCED FARE OR  FREE-OF-CHARGE  ENTRY  SHALL  BE  EXEMPT  FROM  THE
 REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION, EXCEPT THAT REGISTRA-
 TION  OR ASSOCIATION OF SUCH CARD, TOKEN, OR OTHER DEVICE WITH THE IDEN-
 TITY OF AN INDIVIDUAL SHALL  BE  USED  ONLY  FOR  THE  PURPOSES  OF  (I)
 CONFIRMING  A  PROSPECTIVE USER'S REQUEST FOR ELIGIBILITY FOR SUCH CARD,
 TOKEN, OR OTHER DEVICE OR (II) DEACTIVATING  AND  REPLACING  SUCH  CARD,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09533-03-5
 S. 4886--A                          2

 
 TOKEN, OR OTHER DEVICE IF LOST OR STOLEN, UPON REQUEST OF THE PERSON WHO
 REQUESTED AND OBTAINED SUCH CARD, TOKEN, OR OTHER DEVICE.
   §  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.
   (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.
 S. 4886--A                          3
 
   (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.
   (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 SHALL REFER SUCH IMPROPER DISCLOSURE
 TO THE ATTORNEY GENERAL FOR POTENTIAL LEGAL ACTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
 S. 4886--A                          4
 
   (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.  (A)  IF  A  PASSENGER STATION'S ENTRY SYSTEM REQUIRES THE USE 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.
   (B) IF A PASSENGER STATION'S ENTRY SYSTEM PERMITS THE USE OF  A  CARD,
 TOKEN,  OR  OTHER  DEVICE  IN  ORDER TO ENTER THE PASSENGER STATION AT A
 REDUCED FARE OR FREE-OF-CHARGE, THEN SUCH CARD, TOKEN, OR  OTHER  DEVICE
 FOR  REDUCED  FARE  OR  FREE-OF-CHARGE  ENTRY  SHALL  BE EXEMPT FROM THE
 REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION, EXCEPT THAT REGISTRA-
 TION OR ASSOCIATION OF SUCH CARD, TOKEN, OR OTHER DEVICE WITH THE  IDEN-
 TITY  OF  AN  INDIVIDUAL  SHALL  BE  USED  ONLY  FOR THE PURPOSES OF (I)
 CONFIRMING A PROSPECTIVE USER'S REQUEST FOR ELIGIBILITY FOR  SUCH  CARD,
 TOKEN,  OR  OTHER  DEVICE  OR (II) DEACTIVATING AND REPLACING SUCH CARD,
 TOKEN, OR OTHER DEVICE IF LOST OR STOLEN, UPON REQUEST OF THE PERSON WHO
 REQUESTED AND OBTAINED SUCH CARD, TOKEN, OR OTHER DEVICE.
   § 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.
 S. 4886--A                          5
 
   (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.
   (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 SHALL REFER SUCH IMPROPER DISCLOSURE
 TO THE ATTORNEY GENERAL FOR POTENTIAL LEGAL ACTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
 S. 4886--A                          6
 
   (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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Senate Bill S4886

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Sponsored By

Kristen Gonzalez

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Liz Krueger

2025-S4886 - Details

2025-S4886 - Summary

2025-S4886 - Sponsor Memo

2025-S4886 - Bill Text download pdf

co-Sponsors

Liz Krueger

2025-S4886A (ACTIVE) - Details

2025-S4886A (ACTIVE) - Summary

2025-S4886A (ACTIVE) - Sponsor Memo

2025-S4886A (ACTIVE) - Bill Text download pdf

Comments