S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4120

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  civil rights law, in relation to the privacy of
  electronic toll records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    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  COLLECTION
LOCATION,  AND  THE  STATEMENTS  OF  ACCOUNT ADDITIONS AND/OR DEDUCTIONS
PREPARED FOR OR SENT TO THE ACCOUNT HOLDER.
  B. "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.
  C. "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  IS  CONFI-
DENTIAL  INFORMATION.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW,
SUCH INFORMATION SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT  TO  CIVIL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05260-01-5
              

A. 4120                             2

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 INFOR-
MATION, 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. 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 REVENUES AND IT IS ALLEGED:
  (I)  BY  THE  PROVIDER OF SUCH SERVICES THAT TOLLS PROPERLY CHARGED TO
THE ACCOUNT HOLDER REMAIN UNPAID; OR
  (II) BY THE ACCOUNT HOLDER THAT TOLLS WERE IMPROPERLY CHARGED TO  SUCH
HOLDER'S ACCOUNT; AND
  C.  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
  D. 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 INFORMATION SYSTEM.
  3.  INFORMATION.  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE USE OF
AGGREGATE ELECTRONIC TOLL INFORMATION WHICH DOES NOT IDENTIFY ANY  INDI-
VIDUAL  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  INFORMA-
TION SHALL PROVIDE REGULAR AND CONSPICUOUS NOTICE, IN WRITING, TO APPLI-
CANTS  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 INFORMATION THAT IS CONFIDENTIAL  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 THOUSAND DOLLARS.
  S 2. This act shall take effect immediately.