S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    694
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations
 
 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.
   § 2.  The civil rights law is amended by adding a new section 50-f  to
 read as follows:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04684-01-9

 A. 694                              2
 
 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. (I) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED BY
 A COURT AUTHORIZED TO ISSUE SUCH SEARCH WARRANT PURSUANT TO ARTICLE  SIX
 HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, OR A FEDERAL COURT AUTHOR-
 IZED  TO  ISSUE SUCH SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH SEARCH
 WARRANT SATES 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 SATE,  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 SUBPOENA DUCES TECUM UNDER FEDER-
 AL LAW, WHERE THE JUDGE  FINDS,  AND  SUCH  SUBPOENA  STATES,  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

 A. 694                              3
 
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (III)  MAY,  IF  LAWFULLY OBTAINED PURSUANT TO THIS PARAGRAPH OR PARA-
 GRAPH A OF THIS SUBDIVISION, AND OTHERWISE  ADMISSIBLE,  BE  USED  IN  A
 CRIMINAL 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.
   § 3. This act shall take effect immediately.