senate Bill S4801A

2013-2014 Legislative Session

Prohibits disclosure of highway, bridge, tunnel and other thoroughfare toll and transit records, with exceptions

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to governmental operations
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.758
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 21, 2013 referred to governmental operations
Jun 20, 2013 delivered to assembly
passed senate
Jun 18, 2013 ordered to third reading cal.1445
committee discharged and committed to rules
Jun 17, 2013 print number 4801a
amend and recommit to codes
Apr 24, 2013 referred to codes

Votes

view votes

May 13, 2014 - Codes committee Vote

S4801A
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 18, 2013 - Rules committee Vote

S4801A
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S4801 - Bill Details

Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add §50-f, Civ Rts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A10255, A1942
2009-2010: A4985

S4801 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4801

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4801

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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 COLLECTION

 EXPLANATION--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  OFFENSE

S. 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.

S4801A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add §50-f, Civ Rts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A10255, A1942
2009-2010: A4985

S4801A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4801A

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 requested by a law enforcement agency for
a legitimate law enforcement purpose, as determined by the law
enforcement agency. This information can also be used in a civil court
or other civil administrative or adjudicatory body in any action or
proceeding pending 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4801--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00030-02-3

S. 4801--A                          2

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.  "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. SHALL BE FURNISHED WHEN REQUESTED BY A LAW ENFORCEMENT AGENCY FOR A
LEGITIMATE LAW ENFORCEMENT PURPOSE, AS DETERMINED BY THE LAW ENFORCEMENT
AGENCY; 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

S. 4801--A                          3

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.