Senate Bill S6030A

2015-2016 Legislative Session

Excludes video camera recordings from cameras worn or used by police from being included as personnel records

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Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Dec 09, 2015	print number 6030a
Dec 09, 2015	amend and recommit to rules
Aug 07, 2015	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S6030 - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §§50-a & 1-a, Civ Rts L; amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3140
2019-2020: S3398

2015-S6030 - Summary

Excludes video camera recordings and raw data generated from such recordings generated from cameras worn or used by police from being included as personnel records.

2015-S6030 - Sponsor Memo

                                BILL NUMBER:S6030

TITLE OF BILL:  An act to amend the civil rights law and the public
officers law, in relation to excluding video camera recordings from
cameras worn or used by police from being included as personnel
records

PURPOSE:  Clarifies that recordings made by body cameras worn by
police officers, among other recordings made by public safety
officials, are not considered personnel records pursuant to section
50-a of the Civil Rights Law, and are thus subject to the Freedom of
Information Law (FOIL).

SUMMARY OF PROVISIONS:

Section 1: Section 50-a of the civil rights law is amended by adding a
new subdivision 5 that:

*Excludes recordings made of police officers, firefighters and other
public safety officials in the course of duty, including, but not
limited to recordings made by body cameras worn by an officer, as well
as the metadata from those recordings, from protection as personnel
records under section 50-a of New York's Civil Rights Law.

*Redacts all identifying details of all persons in a publicly released
recording, including but not limited to facial features and voices.

*Maintains all existing rights of litigants in a civil or criminal
action to access recordings or the metadata from those recordings.

*Maintains all existing rights to use recordings or the metadata from
those recordings for personnel decisions.

*Permits anyone who requests a recording, as specified in this
subdivision, under FOIL to also request any public safety agency
records necessary to identify any officer in the recording.

Section 2: Section 50-a of the civil rights law is amended by adding a
new subdivision 2 that:

*Specifically defines the term "recording," as used in this chapter.

Section 3: Paragraph (c) of subdivision 2 of section 89 of the public
officers law is amended by:

*Stating that disclosure shall not be construed to constitute an
unwarranted invasion of personal privacy when identifying details
redacted.

Section 4: Establishes that this act shall take effect immediately.

JUSTIFICATION:  Police body cameras, as well as other recording
devices used by on-duty public safety officials, provide protection
for officers and citizens alike. As the implementation of such
recording devices continues, it is important that current law keep
pace with such technology.


Section 50-a of the Civil Rights Law effectively excludes personnel
records from FOIL requests. According to the Committee on Open
Government, a broad interpretation of the term personnel records could
include body camera footage, therefore preventing public disclosure of
such recordings.

This bill clarifies that body camera recordings, among other
recordings made by public safety officials, are not considered
personnel records under section 50-a. Thus, this legislation ensures
that body camera recordings, as well as the metadata from such
recordings, should be subject to FOIL. By placing body camera
recordings within the standard FOIL process while also mandating the
redaction of all identifying details present in a given video, the
bill balances the need for greater transparency in the everyday
encounters between police officers and members of the public with a
necessary commitment to privacy protections.

2015-S6030 - Bill Text download pdf

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

                                  6030

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the civil rights law and the  public  officers  law,  in
  relation  to  excluding  video  camera recordings from cameras worn or
  used by police from being included as personnel records

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

  Section 1. Section 50-a of the civil rights law is amended by adding a
new subdivision 5 to read as follows:
  5.  A.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO RECORDINGS
MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
CORRECTION  OFFICERS  OR PEACE OFFICERS IN THE COURSE OF DUTY, INCLUDING
RECORDINGS MADE BY BODY CAMERAS WORN BY AN  OFFICER,  DASHBOARD  CAMERAS
PLACED  ON  ANY  PART  OF  AN OFFICER'S MOTOR VEHICLE, TRUCK, BICYCLE OR
OTHER VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY  OTHER
GOVERNMENT-OPERATED   RECORDING  DEVICE,  OR  THE  METADATA  FROM  THOSE
RECORDINGS.
  B. ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION  AND
RELEASED  PURSUANT  TO  SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
INCLUDING BUT NOT LIMITED TO,  FACIAL  FEATURES  AND  VOICES  AND  OTHER
PERSONAL  INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION NINETY-
TWO OF THE PUBLIC OFFICERS LAW.
  C. NOTHING IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS  IN  A
CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
  D.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO DISALLOW RECORDINGS
OR METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER  PERSONNEL
DECISIONS.
  E.  ANYONE WHO REQUESTS A RECORDING OR METADATA, AS SPECIFIED IN PARA-
GRAPH A OF THIS SUBDIVISION AND RELEASED PURSUANT TO SECTION EIGHTY-SEV-
EN OF THE PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL PUBLIC SAFETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-07-5

S. 6030                             2

AGENCY RECORDS, AS DEFINED IN SUBDIVISION EIGHT OF SECTION NINETY-TWO OF
THE PUBLIC OFFICERS LAW,  NECESSARY  TO  IDENTIFY  ANY  OFFICER  IN  THE
RECORDING OR METADATA.
  S  2.  The opening paragraph of section 1-a of the civil rights law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.  THE  TERM  "RECORDING",  AS  USED  IN  THIS CHAPTER, SHALL MEAN AN
ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
FILM, HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE  DEVICE
OR  ANY  OTHER  MEDIUM  ON WHICH SUCH SOUNDS, IMAGES, OR BOTH SOUNDS AND
IMAGES ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR  REPROD-
UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
  S  3. Paragraph (c) of subdivision 2 of section 89 of the public offi-
cers law, as amended by section 11 of part U of chapter 61 of  the  laws
of 2011, is amended to read as follows:
  (c) Unless otherwise provided by this article, disclosure shall not be
construed  to  constitute  an  unwarranted  invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted OR REDACTED;
  ii. when the person to whom a record pertains consents in  writing  to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact  informa-
tion,  such  as an e-mail address or a social network username, that has
been collected from a taxpayer under section one  hundred  four  of  the
real property tax law.
  S 4. This act shall take effect immediately.

co-Sponsors

2015-S6030A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §§50-a & 1-a, Civ Rts L; amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3140
2019-2020: S3398

2015-S6030A (ACTIVE) - Summary

Excludes video camera recordings and raw data generated from such recordings generated from cameras worn or used by police from being included as personnel records.

2015-S6030A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6030A

 TITLE OF BILL :  An act to amend the civil rights law and the public
officers law, in relation to excluding video camera recordings from
cameras worn or used by police from being included as personnel
records

 PURPOSE :

Clarifies that recordings made by body cameras worn by police
officers, among other recordings made by public safety officials, are
not considered personnel records pursuant to section 50-a of the Civil
Rights Law, and are thus subject to the Freedom of Information Law
(FOIL).

 SUMMARY OF PROVISIONS :

Section 1: Section 50-a of the civil rights law is amended by adding a
new subdivision 5 that:

*Excludes recordings made of police officers, firefighters and other
public safety officials in the course of duty, including, but not
limited to recordings made by body cameras worn by an officer, as well
as the metadata from those recordings, from protection as personnel
records under section 50-a of New York's Civil Rights Law.

*Redacts all identifying details of all persons in a publicly released
recording, including but not limited to facial features and voices.

*Maintains all existing rights litigants in a civil or criminal action
to access recordings or the metadata from those recordings.

*Maintains all existing rights to use recordings or the metadata from
those recordings for personnel decisions.

*Permits anyone who requests a recording, as specified in this
subdivi- sion, under FOIL to also request any agency records necessary
to identify any officer in the recording.

Section 2: Section 50-a of the civil rights law is amended by adding a
new subdivision 2 that:

*Specifically defines the term "recording," as used in this chapter.

Section 3: Paragraph (c) of subdivision 2 of section 89 of the public
officers law is amended by:

*Stating that disclosure shall not be construed to constitute an
unwarranted invasion of personal privacy when identifying details
redacted.

Section 4: Establishes that this act shall take effect immediately.

 JUSTIFICATION :

Police body cameras, as well as other recording devices used by
on-duty public safety officials, provide protection for officers and
citizens alike. As the implementation of such recording devices
continues, it is important that current law keep pace with such
technology.

Section 50-a of the Civil Rights Law effectively excludes personnel
records from FOIL requests. According to the Committee on Open
Government, a broad interpretation of the term personnel records could
include body camera footage, therefore preventing public disclosure of
such recordings.
This bill clarifies that body camera recordings, among other
recordings made by public safety officials, are not considered
personnel records under section 50-a. Thus, this legislation ensures
that body camera recordings, as well as the metadata from such
recordings, should be subject to FOIL. By placing body camera
recordings within the standard FOIL process while also mandating the
redaction of all identifying details present in a given video, the
bill balances the need for greater transparency in the everyday
encounters between police officers and members of the public with a
necessary commitment to privacy protections.

2015-S6030A (ACTIVE) - Bill Text download pdf

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

                                 6030--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 7, 2015
                               ___________

Introduced by Sens. SQUADRON, PERKINS -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Rules -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the civil rights law and the public officers law, in
  relation to excluding video camera recordings  from  cameras  worn  or
  used by police from being included as personnel records

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

  Section 1. Section 50-a of the civil rights law is amended by adding a
new subdivision 5 to read as follows:
  5. A. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  RECORDINGS
MADE   OF   POLICE   OFFICERS,   FIREFIGHTERS,   FIREFIGHTER/PARAMEDICS,
CORRECTION OFFICERS OR PEACE OFFICERS IN THE COURSE OF  DUTY,  INCLUDING
RECORDINGS  MADE  BY  BODY CAMERAS WORN BY AN OFFICER, DASHBOARD CAMERAS
PLACED ON ANY PART OF AN OFFICER'S  MOTOR  VEHICLE,  TRUCK,  BICYCLE  OR
OTHER  VEHICLE, CAMERAS MOUNTED ON A TASER OR OTHER WEAPON, OR ANY OTHER
GOVERNMENT-OPERATED  RECORDING  DEVICE,  OR  THE  METADATA  FROM   THOSE
RECORDINGS.
  B.  ANY RECORDING, AS SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION AND
RELEASED PURSUANT TO SECTION EIGHTY-SEVEN OF THE  PUBLIC  OFFICERS  LAW,
SHALL HAVE ALL IDENTIFYING DETAILS OF ALL PERSONS IN THE VIDEO REDACTED,
INCLUDING  BUT  NOT  LIMITED  TO,  FACIAL  FEATURES AND VOICES AND OTHER
PERSONAL INFORMATION AS DEFINED IN SUBDIVISION SEVEN OF SECTION  NINETY-
TWO OF THE PUBLIC OFFICERS LAW.
  C.  NOTHING  IN THIS SECTION SHALL MODIFY THE RIGHTS OF LITIGANTS IN A
CIVIL OR CRIMINAL ACTION TO ACCESS RECORDINGS OR METADATA.
  D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  DISALLOW  RECORDINGS
OR  METADATA FROM BEING USED FOR DISCIPLINARY, HIRING OR OTHER PERSONNEL
DECISIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-12-5

S. 6030--A                          2

  E. ANYONE WHO REQUESTS A RECORDING OR METADATA, AS SPECIFIED IN  PARA-
GRAPH A OF THIS SUBDIVISION AND RELEASED PURSUANT TO SECTION EIGHTY-SEV-
EN  OF  THE  PUBLIC OFFICERS LAW, MAY ALSO REQUEST ANY OR ALL RECORDS OF
AGENCIES AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF SECTION EIGHTY-SIX
OF  THE  PUBLIC  OFFICERS LAW, NECESSARY ONLY TO IDENTIFY ANY OFFICER IN
THE RECORDING OR METADATA.
  S 2. The opening paragraph of section 1-a of the civil rights  law  is
designated  subdivision  1  and  a new subdivision 2 is added to read as
follows:
  2. THE TERM "RECORDING", AS  USED  IN  THIS  CHAPTER,  SHALL  MEAN  AN
ORIGINAL PHOTOGRAPHIC RECORD, DISC, TAPE, AUDIO OR VIDEO CASSETTE, WIRE,
FILM,  HARD DRIVE, FLASH DRIVE, MEMORY CARD OR OTHER DATA STORAGE DEVICE
OR ANY OTHER MEDIUM ON WHICH SUCH SOUNDS, IMAGES,  OR  BOTH  SOUNDS  AND
IMAGES  ARE OR CAN BE RECORDED OR OTHERWISE STORED, OR A COPY OR REPROD-
UCTION THAT DUPLICATES IN WHOLE OR IN PART THE ORIGINAL.
  S 3. Paragraph (c) of subdivision 2 of section 89 of the public  offi-
cers  law,  as amended by section 11 of part U of chapter 61 of the laws
of 2011, is amended to read as follows:
  (c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an  unwarranted  invasion  of  personal  privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted OR REDACTED;
  ii.  when  the person to whom a record pertains consents in writing to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv. when a record or group of records relates to the right,  title  or
interest  in real property, or relates to the inventory, status or char-
acteristics of real property, in which  case  disclosure  and  providing
copies  of such record or group of records shall not be deemed an unwar-
ranted invasion of personal privacy, provided that nothing herein  shall
be  construed to authorize the disclosure of electronic contact informa-
tion, such as an e-mail address or a social network username,  that  has
been  collected  from  a  taxpayer under section one hundred four of the
real property tax law.
  S 4. This act shall take effect immediately.

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Senate Bill S6030A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

co-Sponsors

2015-S6030 - Details

2015-S6030 - Summary

2015-S6030 - Sponsor Memo

2015-S6030 - Bill Text download pdf

co-Sponsors

2015-S6030A (ACTIVE) - Details

2015-S6030A (ACTIVE) - Summary

2015-S6030A (ACTIVE) - Sponsor Memo

2015-S6030A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

co-Sponsors

Bill Perkins

2015-S6030 - Details

2015-S6030 - Summary

2015-S6030 - Sponsor Memo

2015-S6030 - Bill Text download pdf

co-Sponsors

Bill Perkins

2015-S6030A (ACTIVE) - Details

2015-S6030A (ACTIVE) - Summary

2015-S6030A (ACTIVE) - Sponsor Memo

2015-S6030A (ACTIVE) - Bill Text download pdf

Comments