Prohibits the disclosure of highway, bridge, tunnel and other thoroughfare toll records, and commuter railroad and transit records to protect privacy, unless necessary to perform law enforcement functions of certain public officials and bodies or to further another public entities official functions.
TITLE OF BILL: An act to amend the civil rights law, in relation to privacy of electronic fare and toll records
PURPOSE: Establishes reasonable, uniform provisions for maintaining the confidentiality of electronic toll and electronic fare records, including "Metrocard' and "E-ZPass" records, while at the same time authorizing disclosure in cases of legitimate law enforcement need.
SUMMARY OF PROVISIONS:
Section One of this bill is a statement of legislative intent.
Section Two adds a new section 50-f to the Civil Rights Law entitled "Privacy of Electronic Toll and Pare Records." This section contains definitions and states that all electronic toll and fare information is confidential except that such information shall be available for inspection and copying and use by the account holder. This information shall also be furnished when described in a search warrant or in response to a subpoena duces tecum where such search warrant or subpoena duces tecum states that there is reasonable cause to believe such information constitutes evidence of, or demonstrates that, a misdemeanor or felony offense was committed. This information can also be used in a civil action or proceeding when it relates directly to the collection of toll revenues and can be used by a public entity for communications with the account holder, including monthly statements, announcements and notification of alleged violations. Additionally, information concerning student discount "Metrocards" may be obtained upon written request by the Board of Education of the City of New York.
This bill does not preclude the use of aggregate electronic toll or fare information which does not identify any individual account holder in an action or proceeding involving such public entity, nor does it preclude the use, sale or distribution of information compiled from electronic toll or fare information, where such does not identify any individual account holder. The bill requires every public entity that collects electronic toll or fare information to provide regular and conspicuous notice, in writing, to applicants and account holders concerning the provisions of this section.
Section three contains the effective date.
JUSTIFICATION: The E-ZPass system is becoming more of a necessity than an option for many commuters. Heavy volume and fewer toll collection lanes, combined with the elimination of bulk tokens, have convinced many people who might otherwise not do so to sign up for the pre-paid E-ZPass and/or Metrocard system(s). Many of these people are concerned about protecting the privacy of information obtained through these electronic toll collection devices. This bill serves to protect privacy by establishing reasonable limitations on the release and use of such electronic toll and fare information.
LEGISLATIVE HISTORY: 2012: A.10255 Rules/ No Same As 2011-12: A.1942 Codes/No Same As 2009-10: A.4985 Passed Assembly/S.5077 Codes 2007-08:
A.1520-A Passed Assembly 2005-06: A.3470 Government Operations/ No Same As 2003-04: A.812 Government Operations/S.5909 Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4801 2013-2014 Regular Sessions IN SENATE April 24, 2013 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to privacy of elec- tronic fare and toll records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Statement of legislative intent. The legislature finds and declares that public entities increasingly are establishing electronic toll and electronic fare payment systems, which have the potential for great convenience to the general public. E-Z Pass, for example, allows motorists to have toll charges automatically deducted from pre-establ- ished accounts. Programs such as these have proven popular with consum- ers. But some consumers, public officials and public entities have raised legitimate questions about the extent to which records of indi- vidual travel created by such electronic toll and fare programs should be disclosed, and under what circumstances. This bill establishes reasonable, uniform provisions for maintaining the confidentiality of such records, while at the same time authorizing disclosure in cases of legitimate law enforcement need. S 2. The civil rights law is amended by adding a new section 50-f to read as follows: S 50-F. PRIVACY OF ELECTRONIC TOLL AND FARE RECORDS. 1. DEFINITIONS. AS USED IN THIS SECTION: A. "ELECTRONIC TOLL INFORMATION" SHALL MEAN RECORDS CREATED OR MAIN- TAINED BY A PUBLIC ENTITY OR BY A CONTRACTOR ON BEHALF OF A PUBLIC ENTI- TY CONCERNING A MOTORIST OR MOTOR VEHICLE REGARDING THE USE OF ANY HIGH- WAY, BRIDGE, TUNNEL OR OTHER THOROUGHFARE, INCLUDING BUT NOT LIMITED TO E-Z PASS RECORDS, WHICH CONTAIN INFORMATION SUCH AS (BUT NOT LIMITED TO) THE NAME AND ADDRESS OF THE REGISTERED VEHICLE OWNER OR ACCOUNT HOLDER, A DESCRIPTION AND/OR LICENSE PLATE NUMBER OF THE VEHICLE, THE DATE, TIME AND LOCATION OF THE PASSAGE OF A VEHICLE THROUGH A TOLL COLLECTIONEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00030-01-3 S. 4801 2
LOCATION, AND THE STATEMENTS OF ACCOUNT ADDITIONS AND/OR DEDUCTIONS PREPARED FOR OR SENT TO THE ACCOUNT HOLDER. B. "ELECTRONIC FARE INFORMATION" SHALL MEAN RECORDS CREATED OR MAIN- TAINED BY A PUBLIC ENTITY OR BY A CONTRACTOR ON BEHALF OF A PUBLIC ENTI- TY CONCERNING AN ACCOUNT HOLDER, INCLUDING BUT NOT LIMITED TO "METRO- CARD" AND PASS CARD SYSTEM COMPUTER RECORDS CONCERNING COMMUTER RAILROAD AND/OR TRANSIT FACILITY USE, WHICH CONTAIN INFORMATION SUCH AS (BUT NOT LIMITED TO) THE NAME AND ADDRESS OF THE ACCOUNT HOLDER; THE DATE AND TIME OF FARE CARD OR FARE MEDIA USE; IDENTIFICATION OF THE LOCATION OR TRANSIT STATION WHERE SUCH FARE CARD OR FARE MEDIA WAS USED; AND THE STATEMENTS OF ACCOUNT ADDITIONS AND/OR DEDUCTIONS PREPARED FOR OR SENT TO THE ACCOUNT HOLDER. C. "PUBLIC ENTITY" SHALL MEAN AND INCLUDE ANY STATE OR LOCAL DEPART- MENT, AGENCY, BOARD, BUREAU, DIVISION, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION OR OFFICE OF THE STATE OR A POLITICAL SUBDI- VISION OF THE STATE, OR ANY OTHER ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS. D. "CONTRACTOR" SHALL MEAN ANY ENTITY ENGAGED IN PERFORMING CUSTOMER SERVICE FUNCTIONS, INCLUDING VIOLATIONS PROCESSING, UNDER CONTRACT WITH A PUBLIC ENTITY. 2. CONFIDENTIALITY OF RECORDS. ELECTRONIC TOLL INFORMATION AND ELEC- TRONIC FARE INFORMATION IS CONFIDENTIAL INFORMATION. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, SUCH INFORMATION SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH INFORMATION: A. SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE ACCOUNT HOLDER FOR SO LONG AS SUCH INFORMATION IS MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND B. (I) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY AGAINST THE LAWS OF THIS STATE; AND (II) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSES. 4801 3
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN THIS STATE; AND (III) MAY, IF LAWFULLY OBTAINED PURSUANT TO PARAGRAPH A OF THIS SUBDI- VISION OR THIS PARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIM- INAL ACTION OR PROCEEDING; AND C. MAY BE OBTAINED AND, IF OTHERWISE ADMISSIBLE, BE USED IN A CIVIL COURT OR OTHER CIVIL ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING PENDING THEREIN WHEN SUCH ACTION OR PROCEEDING RELATES DIRECTLY TO THE COLLECTION OF TOLL OR FARE REVENUES AND IT IS ALLEGED: (I) BY THE PROVIDER OF SUCH SERVICES THAT TOLLS OR FARES PROPERLY CHARGED TO THE ACCOUNT HOLDER REMAIN UNPAID; OR (II) BY THE ACCOUNT HOLDER THAT TOLLS OR FARES WERE IMPROPERLY CHARGED TO SUCH HOLDER'S ACCOUNT; AND D. MAY BE USED BY SUCH PUBLIC ENTITY OR A CONTRACTOR ON BEHALF OF A PUBLIC ENTITY FOR COMMUNICATIONS WITH THE ACCOUNT HOLDER, INCLUDING MONTHLY STATEMENTS, ANNOUNCEMENTS AND NOTIFICATION OF ALLEGED VIOLATIONS; AND E. MAY BE USED BY SUCH PUBLIC ENTITY OR A CONTRACTOR ON BEHALF OF A PUBLIC ENTITY FOR CUSTOMER SERVICE CENTER TO CUSTOMER SERVICE CENTER COMMUNICATIONS IN CONNECTION WITH THE ADMINISTRATION OF SUCH ELECTRONIC TOLL OR ELECTRONIC FARE INFORMATION SYSTEM; AND F. LIMITED TO ELECTRONIC FARE INFORMATION MAY, UPON WRITTEN REQUEST OF THE BOARD OF EDUCATION OF THE CITY OF NEW YORK IDENTIFYING A SPECIFIC STUDENT HOLDING A STUDENT DISCOUNT CARD ISSUED BY THE METROPOLITAN TRANSPORTATION AUTHORITY AND/OR ONE OF ITS SUBSIDIARY CORPORATIONS, BE PROVIDED BY SUCH METROPOLITAN TRANSPORTATION AUTHORITY AND/OR SUBSIDIARY CORPORATION TO SUCH BOARD OF EDUCATION OF THE CITY OF NEW YORK. 3. INFORMATION. NOTHING HEREIN SHALL PRECLUDE THE USE OF AGGREGATE ELECTRONIC TOLL OR FARE INFORMATION WHICH DOES NOT IDENTIFY ANY INDIVID- UAL ACCOUNT HOLDER IN AN ACTION OR PROCEEDING INVOLVING SUCH PUBLIC ENTITY, NOR PRECLUDE THE USE, SALE OR DISTRIBUTION OF INFORMATION COMPILED FROM ELECTRONIC TOLL OR FARE INFORMATION, WHERE SUCH COMPILED INFORMATION DOES NOT IDENTIFY ANY INDIVIDUAL ACCOUNT HOLDER. 4. NOTICE. EVERY PUBLIC ENTITY THAT COLLECTS ELECTRONIC TOLL OR FARE INFORMATION SHALL PROVIDE REGULAR AND CONSPICUOUS NOTICE, IN WRITING, TO APPLICANTS AND ACCOUNT HOLDERS CONCERNING THE PROVISIONS OF THIS SECTION, WHICH NOTICE SHALL ALSO DESCRIBE THE MEANS BY WHICH ACCOUNT HOLDERS MAY OBTAIN COPIES OF THEIR INDIVIDUAL ACCOUNT RECORDS. 5. VIOLATIONS. ANY PERSON WHO KNOWINGLY RELEASES OR PERMITS THE RELEASE OF ELECTRONIC TOLL OR ELECTRONIC FARE INFORMATION THAT IS CONFI- DENTIAL UNDER THIS SECTION TO A PERSON OR ENTITY NOT ENTITLED TO RECEIVE SUCH INFORMATION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE THOU- SAND DOLLARS. S 3. This act shall take effect immediately.