Legislation
SECTION 907
Data privacy protections
General Business (GBS) CHAPTER 20, ARTICLE 40
§ 907. Data privacy protections. Notwithstanding any other provision
of the law to the contrary, all trip data, personal information, images,
videos, and other recorded images collected by any peer-to-peer car
sharing program administrator that is authorized to operate pursuant to
this article shall be for the exclusive use of such peer-to-peer car
sharing program and shall not be sold, distributed, or otherwise made
accessible except:
1. to the person who is the subject of such data information or
record, or to enable or facilitate such person's use of the car sharing
program in accordance with the peer-to-peer car sharing agreement;
2. to respond to, process, facilitate, adjust, or defend an insurance
claim; or
3. if necessary to comply with a lawful court order, judicial warrant
signed by a judge appointed pursuant to article three of the United
States Constitution, or subpoena for individual data, information or
records properly issued pursuant to the criminal procedure law or the
civil practice law and rules.
Provided, however, that nothing contained in this paragraph shall be
deemed to preclude the exchange of anonymized trip data, information, or
recorded images solely for the purpose of administering such authorized
car sharing program, and provided further that aggregated anonymized
trip data may be shared with this state or any of its political
subdivisions for non-commercial transportation research or traffic
management purposes. Any such exchanges or sharing shall exclude
personal information, images, videos, and other recorded images
collected by any peer-to-peer car sharing program administrator. For the
purposes of this section, "personal information" shall mean information
that identifies an individual, including but not limited to name,
address, telephone number, and the type and form of payment including
credit card number, debit card number, or other payment method.
of the law to the contrary, all trip data, personal information, images,
videos, and other recorded images collected by any peer-to-peer car
sharing program administrator that is authorized to operate pursuant to
this article shall be for the exclusive use of such peer-to-peer car
sharing program and shall not be sold, distributed, or otherwise made
accessible except:
1. to the person who is the subject of such data information or
record, or to enable or facilitate such person's use of the car sharing
program in accordance with the peer-to-peer car sharing agreement;
2. to respond to, process, facilitate, adjust, or defend an insurance
claim; or
3. if necessary to comply with a lawful court order, judicial warrant
signed by a judge appointed pursuant to article three of the United
States Constitution, or subpoena for individual data, information or
records properly issued pursuant to the criminal procedure law or the
civil practice law and rules.
Provided, however, that nothing contained in this paragraph shall be
deemed to preclude the exchange of anonymized trip data, information, or
recorded images solely for the purpose of administering such authorized
car sharing program, and provided further that aggregated anonymized
trip data may be shared with this state or any of its political
subdivisions for non-commercial transportation research or traffic
management purposes. Any such exchanges or sharing shall exclude
personal information, images, videos, and other recorded images
collected by any peer-to-peer car sharing program administrator. For the
purposes of this section, "personal information" shall mean information
that identifies an individual, including but not limited to name,
address, telephone number, and the type and form of payment including
credit card number, debit card number, or other payment method.