NY State Senate Bill 2021-S3089

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to corporations, authorities and commissions
Jan 27, 2021	referred to corporations, authorities and commissions

2021-S3089 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add Art 1-B §§52 - 55, Pub Auth L; add Art 23 §§500 - 503, Transp L; add Art 14-B-1 §§375 - 378, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7130
2019-2020: S2332
2023-2024: S637

2021-S3089 (ACTIVE) - Summary

Establishes a public authority closed-circuit television system and surveillance personal privacy act, a state highway closed-circuit television system and surveillance personal privacy act and a municipal closed-circuit television system and surveillance personal privacy act.

2021-S3089 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3089

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the public authorities law, the transportation law and
the general municipal law, in relation to establishing a closed-circuit
television system and surveillance personal privacy act

 
PURPOSE:

This bill would create a policy regarding the use of closed circuit
television systems by the Thruway Authority that would protect an indi-
vidual's privacy while making sure the Authority uses these systems
responsibly and for very specific purposes.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes legislative findings.

Section 2 of the bill adds a new Article 1-B to the Public Authorities

Law which includes the following:

§ 52. Definitions

§ 53. Operation of CCTV systems; privacy protections

§ 54. Restrictions on recording of CCTV system video.

§ 55. Privacy agreements with other entities.

Section 3 of the bill directs the MTA to conduct a study to review all
elements of its operation for CCTV, including a privacy statement.

Section 4 of the bill adds a new Article 23 to the Transportation Law
which includes the following:

§ 500. Definitions

§ 501. Operation of CCTV systems; privacy protections

§ 502. Restrictions on recording of CCTV system video.

§ 503. Use and dissemination of CCTV system data.

Section 5 of the bill adds a new Article 14-B-1 to General Municipal Law
which includes the following:

§ 375. Definitions.

§ 376. Operation of CCTV systems; privacy protections.

§ 377. Restrictions on recording CCTV system video.

§ 378. Use and dissemination of CCTV system data.

Section 6 of the bill sets forth the effective date.

 
JUSTIFICATION:
The state has increasingly used camera systems and other surveillance
technologies to monitor the daily legal activities of its citizens.
Even in public and quasi-public forums, increasing use of government
surveillance has a chilling effect on the freedoms and activities of its
citizens. The state has an obligation to establish a policy in which the
public's privacy interests are protected where camera systems are
increasingly used in traffic enforcement surveillance and other areas.
Where these surveillance systems are used, the state has an obligation
to protect an individual's right of personal privacy, and consequently,
must take all steps to protect personal privacy in all aspects of system
planning, design, deployment, operation, and maintenance.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
LEGISLATIVE HISTORY:

2020: S2332 (Kavanagh) - CORPORATIONS, AUTHORITIES AND COMMISSIONS
2019: S2332 (Kavanagh) - CORPORATIONS, AUTHORITIES AND COMMISSIONS
2018: S7130- REFERRED TO CORPORATIONS,AUTHORITIES AND COMMISSIONS
2017: A5649- stricken
2016: A5938- referred to corporations,authorities, and commissions
2015: A5938- referred to corporations,authorities, and commissions

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law

2021-S3089 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3089
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the public authorities law, the transportation law and
   the general municipal law, in relation to establishing  a  closed-cir-
   cuit television system and surveillance personal privacy act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  findings  and  declarations.  The  legislature
 finds  and  declares  the state has increasingly used camera systems and
 other surveillance technologies to monitor the daily legal activities of
 its citizens. Even in public and quasi-public forums, increasing use  of
 government surveillance has a chilling effect on the freedoms and activ-
 ities  of  its citizens. Therefore, the legislature finds that the state
 has an obligation to establish a policy in which  the  public's  privacy
 interests  are  protected  where camera systems are increasingly used in
 traffic enforcement, surveillance and other areas. Where these  surveil-
 lance  systems are used, the state has an obligation to protect an indi-
 vidual's right of personal privacy,  and  consequently,  must  take  all
 steps  to  protect   personal privacy in all aspects of system planning,
 design, deployment, operation and maintenance and shall not  collect  or
 disseminate any personal identifier information.
   § 2. The public authorities law is amended by adding a new article 1-B
 to read as follows:
                                ARTICLE 1-B
             PUBLIC AUTHORITY CLOSED-CIRCUIT TELEVISION SYSTEM
                   AND SURVEILLANCE PERSONAL PRIVACY ACT
 SECTION 52. DEFINITIONS.
         53. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.
         54. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO.
         55. USE AND DISSEMINATION OF CCTV SYSTEM DATA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06324-01-1

 S. 3089                             2
 
   § 52. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  THE  TERMS  "CLOSED-CIRCUIT  TELEVISION SYSTEM," "CCTV SYSTEM," OR
 "CCTV" SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO  COLLECT,
 TRANSMIT  AND  MONITOR DATA ELECTRONICALLY VIA A DATA STREAM AND PROJECT
 SUCH DATA ONTO A VIDEO MONITOR, TELEVISION SCREEN  OR  OTHER  MONITORING
 EQUIPMENT  AND  ANY  OTHER  SYSTEM  THAT ALLOWS THE COLLECTION, VIEWING,
 TRANSMISSION AND RECORDING OF VIDEO IMAGES;  AND  SUCH  A  SYSTEM  IS  A
 CLOSED  CIRCUIT  IN  THAT  IT  HAS  LIMITED ACCESS, AND ALL ELEMENTS ARE
 DIRECTLY CONNECTED AND CONTROLLED  BY  OPERATORS  OF  THE  SYSTEM.  CCTV
 SYSTEM  SHALL  NOT INCLUDE: ANY IMAGES OR VIDEOTAPE PREPARED PURSUANT TO
 SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER; OR  ANY  SYSTEM
 OR  NETWORK  OF CAMERAS INSTALLED ON A CCTV SYSTEM OPERATOR'S FACILITIES
 FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES.
   2. "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER  PRIVATE
 ORGANIZATION,  INCLUDING  ANY ORGANIZATION PROVIDING NEWS MEDIA SERVICES
 OR ANY OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A  PUBLIC  SERVICE
 ENTITY.
   3.  "PUBLIC  SERVICE  ENTITY"  SHALL  MEAN  ANY  PUBLIC AGENCY, PUBLIC
 AUTHORITY, PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY,  MUNICIPALITY,
 ACCREDITED   ACADEMIC  INSTITUTION,  OR  NOT-FOR-PROFIT  PUBLIC  SERVICE
 PROVIDER.
   4. "INCIDENT" SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR  A  PUBLIC
 HIGHWAY,  ROADWAY,  OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN IMPACT ON
 THE SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE  TO
 HIGHWAY  CONGESTION,  AND  SHALL  INCLUDE  A VEHICULAR ACCIDENT, AND ANY
 VIOLATION OF LAW OR SIMILAR SITUATION THAT WOULD  NORMALLY  INVOLVE  THE
 ATTENTION OF A PEACE OFFICER.
   5.  "PERSONAL  IDENTIFIER  INFORMATION"  SHALL  MEAN ANY DATA OR VIDEO
 REPRESENTATION THAT COULD:
   (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE;
   (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE;
   (C) IDENTIFY THE CONTENTS OF THE  ENCLOSED  INTERIOR  OF  A  PASSENGER
 VEHICLE; OR
   (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE.
   6.  "CCTV  SYSTEM OPERATOR" SHALL MEAN ANY PUBLIC AUTHORITY AS DEFINED
 IN THIS CHAPTER THAT OWNS OR OPERATES A CCTV SYSTEM.
   § 53. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.  1. THE  CAMERAS
 OF  A  CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED
 ON THE HIGHWAY AND FEEDER  AND  EXIT  ROADS  FOR  WHICH  THE  SYSTEM  IS
 INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV-
 ER,  SUCH  CAMERAS  MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO
 AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE,
 AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF  A
 PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   2.  NO  CCTV  SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON
 PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON
 SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT  PROHIBIT
 SUCH  MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF
 A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT
 PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER  OF  A
 COURT  OF  COMPETENT  JURISDICTION,  AND  EXCEPT  THAT  SUCH DATA MAY BE
 COLLECTED WITHOUT A COURT ORDER IN A  PUBLIC  HEALTH  DANGER  OR  SAFETY
 EMERGENCY  SITUATION  TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING
 THE GATHERING  OF  INFORMATION  NECESSARY  TO  PROVIDE  THE  APPROPRIATE
 RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.

 S. 3089                             3
 
   4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE-
 MENT  THE  REQUIREMENTS  OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN
 THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN
 SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE.
   §  54.  RESTRICTIONS  ON  RECORDING  CCTV  SYSTEM  VIDEO. 1. EXCEPT AS
 PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT  RECORD  CCTV
 DATA.  IN  ALL  CASES,  RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER
 THAT PROTECTS THE PRIVACY OF THE PUBLIC.
   2. A CCTV SYSTEM OPERATOR MAY RECORD CCTV DATA  EITHER  ON  A  PLANNED
 BASIS  OR  ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY ESTABLISH A
 PLAN IN ADVANCE FOR THE RECORDING OF  VIDEO  IMAGES  IN  RESPONSE  TO  A
 SPECIFIC  NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO IMPROV-
 ING SAFETY AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR  SYSTEM  PLAN-
 NING AND PERFORMANCE INCLUDING:
   (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM;
   (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING;
   (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS;
   (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR
   (E)  TO  COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES,
 PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI-
 VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM  THE  DATA
 OR OBSCURED BEFORE THE DATA IS STORED AND USED.
   A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY
 COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW
 FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE.
   3.  ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL
 BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS
 RESTRICTED ONLY FOR THE PURPOSE  THAT  IT  WAS  GATHERED  AND  UPON  THE
 APPROVAL  OF  SUPERVISORY  LEVEL PERSONNEL. ANY SUCH RECORDINGS SHALL BE
 RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE  OF  THE  ARCHIVED
 DATA  FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS
 RETENTION SCHEDULE OR POLICY.
   § 55. USE AND DISSEMINATION OF CCTV SYSTEM  DATA.  1.  A  CCTV  SYSTEM
 OPERATOR  SHALL  USE  ITS  CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION
 PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES.  NOTHING
 CONTAINED  IN  THIS  SECTION  OR  ANY  OTHER  PROVISION  OF LAW SHALL BE
 CONSTRUED AS PROHIBITING A CCTV  SYSTEM  OPERATOR  FROM  UTILIZING  CCTV
 SYSTEM  DATA  IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH
 THE OPERATOR IS A PARTY.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM  DATA  THAT
 CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC
 AND  SHALL  NOT  BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   3. A CCTV SYSTEM OPERATOR MAY,  IN  ITS  DISCRETION,  DISTRIBUTE  CCTV
 SYSTEM  DATA  THAT  DOES  NOT  CONTAIN  PERSONAL  IDENTIFIER INFORMATION
 DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS  DIRECTLY  OR
 THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL-
 ER  INFORMATION,  PROVIDED  THAT  ALL  SUCH  DATA DISSEMINATED FROM CCTV
 SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH  A
 DELAY OF NOT TO EXCEED FIFTEEN MINUTES.
   4.  (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS
 CCTV SYSTEM DATA TO OTHER PUBLIC  SERVICE  ENTITIES  TO  ACHIEVE  COMMON
 TRANSPORTATION  SAFETY  AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI-
 DENTS, PUBLIC HEALTH DANGERS OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA-
 TOR MAY DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS  PERSONAL  IDENTIFIER
 INFORMATION  TO  PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY TO DEAL

 S. 3089                             4

 WITH SUCH INCIDENT, DANGER OR EMERGENCY. A CCTV  SYSTEM  OPERATOR  SHALL
 NOT  DISSEMINATE  CCTV  SYSTEM  DATA  THAT  CONTAINS PERSONAL IDENTIFIER
 INFORMATION TO PRIVATE ENTITIES.
   (B)  ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR
 TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE  PURSUANT  TO  A  WRITTEN
 AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS:
   (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV
 SYSTEM DATA THAT IS PROVIDED;
   (II)  THE  CCTV  SYSTEM  OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM
 DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE;
   (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE
 PURPOSES FOR WHICH THE DISSEMINATION IS MADE;
   (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV  SYSTEM  DATA  TO
 ANY  THIRD  PARTY  WITHOUT  THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM
 OPERATOR;
   (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM  DATA  THAT
 CONTAINS  PERSONAL  IDENTIFIER  INFORMATION TO ANY THIRD PARTY UNDER ANY
 CIRCUMSTANCES; AND
   (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT
 AS PROVIDED IN THIS SECTION.
   (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND  A  PRIVATE
 ENTITY  FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE
 FOLLOWING PROVISIONS:
   (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV  SYSTEM  DATA
 TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND
   (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV
 SYSTEM  OPERATOR  MAY,  IN  ITS  SOLE DISCRETION AND SUBJECT TO A POLICY
 ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY  TO
 RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES
 AS  TRAFFIC  REPORTS  AIRED  BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR
 HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI-
 TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF  ITS
 CREATION.
   § 3. The New York metropolitan transportation authority is directed to
 conduct  a  study  to review all elements of its operations and create a
 mission statement that explicitly states the authority's use of  closed-
 circuit  television  systems and other surveillance systems and what the
 reasonable privacy expectations  of  an  individual  are  regarding  the
 authority's  use  of  such systems. The authority shall report within 60
 days of the effective date of this act and report to the  governor,  the
 speaker  of  the  assembly,  the  temporary president of the senate, the
 chairman of the assembly standing committee on corporations, authorities
 and commissions, and the chairman of the senate  standing  committee  on
 corporations, authorities and commissions.
   §  4.  The transportation law is amended by adding a new article 23 to
 read as follows:
                                ARTICLE 23
              STATE HIGHWAY CLOSED-CIRCUIT TELEVISION SYSTEM
                   AND SURVEILLANCE PERSONAL PRIVACY ACT
 SECTION 500. DEFINITIONS.
         501. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.
         502. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO.
         503. USE AND DISSEMINATION OF CCTV SYSTEM DATA.
   § 500. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. THE TERMS "CLOSED-CIRCUIT TELEVISION  SYSTEM,"  "CCTV  SYSTEM,"  OR
 "CCTV"  SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT,

 S. 3089                             5
 
 TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM  AND  PROJECT
 SUCH  DATA  ONTO  A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING
 EQUIPMENT AND ANY OTHER SYSTEM  THAT  ALLOWS  THE  COLLECTION,  VIEWING,
 TRANSMISSION  AND  RECORDING OF VIDEO IMAGES; AND IS A CLOSED CIRCUIT IN
 THAT IT HAS LIMITED ACCESS AND ALL ELEMENTS ARE DIRECTLY  CONNECTED  AND
 CONTROLLED  BY  OPERATORS  OF THE SYSTEM. CCTV SYSTEM SHALL NOT INCLUDE:
 ANY SYSTEM OR NETWORK OF CAMERAS INSTALLED ON A CCTV  SYSTEM  OPERATOR'S
 FACILITIES FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES.
   2.  "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE
 ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS  MEDIA  SERVICES
 OR  ANY  OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE
 ENTITY.
   3. "PUBLIC SERVICE  ENTITY"  SHALL  MEAN  ANY  PUBLIC  AGENCY,  PUBLIC
 AUTHORITY,  PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY,
 ACCREDITED  ACADEMIC  INSTITUTION,  OR  NOT-FOR-PROFIT  PUBLIC   SERVICE
 PROVIDER.
   4.  "INCIDENT"  SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC
 HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN  IMPACT  ON
 THE  SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO
 HIGHWAY CONGESTION, AND SHALL INCLUDE  A  VEHICULAR  ACCIDENT,  AND  ANY
 VIOLATION  OF  LAW  OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE
 ATTENTION OF A PEACE OFFICER.
   5. "PERSONAL IDENTIFIER INFORMATION" SHALL  MEAN  ANY  DATA  OR  VIDEO
 REPRESENTATION THAT COULD:
   (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE;
   (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE;
   (C)  IDENTIFY  THE  CONTENTS  OF  THE ENCLOSED INTERIOR OF A PASSENGER
 VEHICLE; OR
   (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE.
   6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY DEPARTMENT OF  STATE  GOVERN-
 MENT THAT OWNS OR OPERATES A CCTV SYSTEM.
   §  501. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE CAMERAS
 OF A CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE  CONTINUOUSLY  FOCUSED
 ON  THE  HIGHWAY  AND  FEEDER  AND  EXIT  ROADS  FOR WHICH THE SYSTEM IS
 INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV-
 ER, SUCH CAMERAS MAY SHOW ADJACENT LANDS WHERE IT IS  NOT  PRACTICAL  TO
 AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE,
 AND  THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF A
 PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   2. NO CCTV SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO  BE  FOCUSED  ON
 PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON
 SUCH  PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT PROHIBIT
 SUCH MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT  OF
 A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT
 PERSONAL  IDENTIFIER  INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER OF A
 COURT OF COMPETENT JURISDICTION,  AND  EXCEPT  THAT  SUCH  DATA  MAY  BE
 COLLECTED  WITHOUT  A  COURT  ORDER  IN A PUBLIC HEALTH DANGER OR SAFETY
 EMERGENCY SITUATION TO PROVIDE FOR THE SAFETY OF THE  PUBLIC,  INCLUDING
 THE  GATHERING  OF  INFORMATION  NECESSARY  TO  PROVIDE  THE APPROPRIATE
 RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE-
 MENT THE REQUIREMENTS OF THIS ARTICLE. NO PERSON SHALL  BE  EMPLOYED  IN
 THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN
 SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE.

 S. 3089                             6
 
   §  502.  RESTRICTIONS  ON  RECORDING  CCTV  SYSTEM VIDEO. 1. EXCEPT AS
 PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT  RECORD  CCTV
 DATA.  IN  ALL  CASES,  RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER
 THAT PROTECTS THE PRIVACY OF THE PUBLIC.
   2.  A  CCTV  SYSTEM  OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED
 BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY  ESTABLISH  A
 PLAN  IN  ADVANCE  FOR  THE  RECORDING  OF VIDEO IMAGES IN RESPONSE TO A
 SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO  IMPROV-
 ING  SAFETY  AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN-
 NING AND PERFORMANCE INCLUDING:
   (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM;
   (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING;
   (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS;
   (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR
   (E) TO COLLECT DATA FOR TRANSPORTATION PLANNING  MANAGEMENT  PURPOSES,
 PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI-
 VISION,  PERSONAL  IDENTIFIER INFORMATION SHALL BE REMOVED FROM THE DATA
 OR OBSCURED BEFORE THE DATA IS STORED AND USED.
   A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY
 COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW
 FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE.
   3. ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION  SHALL
 BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS
 RESTRICTED  ONLY  FOR  THE  PURPOSE  THAT  IT  WAS GATHERED AND UPON THE
 APPROVAL OF SUPERVISORY LEVEL PERSONNEL. ANY SUCH  RECORDINGS  SHALL  BE
 RETAINED  ONLY  FOR  THE MINIMUM REQUIRED TIME AFTER USE OF THE ARCHIVED
 DATA FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE  RECORDS
 RETENTION SCHEDULE OR POLICY.
   §  503.  USE  AND  DISSEMINATION OF CCTV SYSTEM DATA. 1. A CCTV SYSTEM
 OPERATOR SHALL USE ITS CCTV SYSTEM  DATA  PRIMARILY  FOR  TRANSPORTATION
 PLANNING,  TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES. NOTHING
 CONTAINED IN THIS SECTION  OR  ANY  OTHER  PROVISION  OF  LAW  SHALL  BE
 CONSTRUED  AS  PROHIBITING  A  CCTV  SYSTEM OPERATOR FROM UTILIZING CCTV
 SYSTEM DATA IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING  TO  WHICH
 THE OPERATOR IS A PARTY.
   2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, CCTV SYSTEM DATA THAT
 CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC
 AND SHALL NOT BE SUBJECT TO PUBLIC INSPECTION AND  COPYING  PURSUANT  TO
 ARTICLE SIX OF THE PUBLIC  OFFICERS LAW.
   3.  A  CCTV  SYSTEM  OPERATOR  MAY, IN ITS DISCRETION, DISTRIBUTE CCTV
 SYSTEM DATA  THAT  DOES  NOT  CONTAIN  PERSONAL  IDENTIFIER  INFORMATION
 DIRECTLY  TO  THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS DIRECTLY OR
 THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL-
 ER INFORMATION, PROVIDED THAT  ALL  SUCH  DATA  DISSEMINATED  FROM  CCTV
 SYSTEMS  SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH A
 DELAY OF NOT TO EXCEED FIFTEEN MINUTES.
   4. (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE  ITS
 CCTV  SYSTEM  DATA  TO  OTHER  PUBLIC SERVICE ENTITIES TO ACHIEVE COMMON
 TRANSPORTATION SAFETY AND MANAGEMENT OBJECTIVES. IN THE EVENT  OF  INCI-
 DENTS, PUBLIC HEALTH DANGERS OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA-
 TOR  MAY  DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER
 INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY  TO  DEAL
 WITH  SUCH  INCIDENT,  DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL
 NOT DISSEMINATE CCTV  SYSTEM  DATA  THAT  CONTAINS  PERSONAL  IDENTIFIER
 INFORMATION TO PRIVATE ENTITIES.

 S. 3089                             7
 
   (B)  ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR
 TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE  PURSUANT  TO  A  WRITTEN
 AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS:
   (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV
 SYSTEM DATA THAT IS PROVIDED;
   (II)  THE  CCTV  SYSTEM  OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM
 DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE;
   (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE
 PURPOSES FOR WHICH THE DISSEMINATION IS MADE;
   (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV  SYSTEM  DATA  TO
 ANY  THIRD  PARTY  WITHOUT  THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM
 OPERATOR;
   (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM  DATA  THAT
 CONTAINS  PERSONAL  IDENTIFIER  INFORMATION TO ANY THIRD PARTY UNDER ANY
 CIRCUMSTANCES; AND
   (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT
 AS PROVIDED IN THIS SECTION.
   (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND  A  PRIVATE
 ENTITY  FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE
 FOLLOWING PROVISIONS:
   (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV  SYSTEM  DATA
 TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND
   (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV
 SYSTEM  OPERATOR  MAY,  IN  ITS  SOLE DISCRETION AND SUBJECT TO A POLICY
 ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY  TO
 RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES
 AS  TRAFFIC  REPORTS  AIRED  BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR
 HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI-
 TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF  ITS
 CREATION.
   §  5.  The  general  municipal  law is amended by adding a new article
 14-B-1 to read as follows:
                              ARTICLE 14-B-1
                MUNICIPAL CLOSED-CIRCUIT TELEVISION SYSTEM
                   AND SURVEILLANCE PERSONAL PRIVACY ACT
 SECTION 375. DEFINITIONS.
         376. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS.
         377. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO.
         378. USE AND DISSEMINATION OF CCTV SYSTEM DATA.
   § 375. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. THE TERMS "CLOSED-CIRCUIT TELEVISION  SYSTEM,"  "CCTV  SYSTEM,"  OR
 "CCTV"  SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT,
 TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM  AND  PROJECT
 SUCH  DATA  ONTO  A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING
 EQUIPMENT AND ANY OTHER SYSTEM  THAT  ALLOWS  THE  COLLECTION,  VIEWING,
 TRANSMISSION  AND  RECORDING OF VIDEO IMAGES; AND IS A CLOSED CIRCUIT IN
 THAT IT HAS LIMITED ACCESS AND ALL ELEMENTS ARE DIRECTLY  CONNECTED  AND
 CONTROLLED  BY  OPERATORS  OF THE SYSTEM. CCTV SYSTEM SHALL NOT INCLUDE:
 ANY SYSTEM THAT PRODUCES ANY IMAGES OR VIDEOTAPE AUTHORIZED PURSUANT  TO
 SECTION  ELEVEN  HUNDRED ELEVEN-A OF THE VEHICLE AND TRAFFIC LAW AND ANY
 SYSTEM OR NETWORK OF CAMERAS  INSTALLED  ON  A  CCTV  SYSTEM  OPERATOR'S
 FACILITIES FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES.
   2.  "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE
 ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS  MEDIA  SERVICES
 OR  ANY  OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE
 ENTITY.

 S. 3089                             8
 
   3. "PUBLIC SERVICE  ENTITY"  SHALL  MEAN  ANY  PUBLIC  AGENCY,  PUBLIC
 AUTHORITY,  PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY,
 ACCREDITED  ACADEMIC  INSTITUTION,  OR  NOT-FOR-PROFIT  PUBLIC   SERVICE
 PROVIDER.
   4.  "INCIDENT"  SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC
 HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN  IMPACT  ON
 THE  SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO
 HIGHWAY CONGESTION, AND SHALL INCLUDE  A  VEHICULAR  ACCIDENT,  AND  ANY
 VIOLATION  OF  LAW  OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE
 ATTENTION OF A PEACE OFFICER.
   5. "PERSONAL IDENTIFIER INFORMATION" SHALL  MEAN  ANY  DATA  OR  VIDEO
 REPRESENTATION THAT COULD:
   (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE;
   (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE;
   (C)  IDENTIFY  THE  CONTENTS  OF  THE ENCLOSED INTERIOR OF A PASSENGER
 VEHICLE; OR
   (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE.
   6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY COUNTY, TOWN, CITY OR VILLAGE
 THAT OWNS OR OPERATES A CCTV SYSTEM.
   § 376. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE  CAMERAS
 OF  A  CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED
 ON THE HIGHWAY AND FEEDER  AND  EXIT  ROADS  FOR  WHICH  THE  SYSTEM  IS
 INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV-
 ER,  SUCH  CAMERAS  MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO
 AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE,
 AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF  A
 PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   2.  NO  CCTV  SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON
 PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON
 SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT  PROHIBIT
 SUCH  MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF
 A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT
 PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER  OF  A
 COURT  OF  COMPETENT  JURISDICTION,  AND  EXCEPT  THAT  SUCH DATA MAY BE
 COLLECTED WITHOUT A COURT ORDER IN A  PUBLIC  HEALTH  DANGER  OR  SAFETY
 EMERGENCY  SITUATION  TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING
 THE GATHERING  OF  INFORMATION  NECESSARY  TO  PROVIDE  THE  APPROPRIATE
 RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY.
   4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE-
 MENT  THE  REQUIREMENTS  OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN
 THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN
 SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE.
   § 377. RESTRICTIONS ON RECORDING  CCTV  SYSTEM  VIDEO.  1.  EXCEPT  AS
 PROVIDED  IN  THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT RECORD CCTV
 DATA. IN ALL CASES, RECORDING OF CCTV DATA SHALL BE  DONE  IN  A  MANNER
 THAT PROTECTS THE PRIVACY OF THE PUBLIC.
   2.  A  CCTV  SYSTEM  OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED
 BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY  ESTABLISH  A
 PLAN  IN  ADVANCE  FOR  THE  RECORDING  OF VIDEO IMAGES IN RESPONSE TO A
 SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO  IMPROV-
 ING  SAFETY  AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN-
 NING AND PERFORMANCE INCLUDING:
   (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM;
   (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING;
   (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS;

 S. 3089                             9
 
   (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR
   (E)  TO  COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES,
 PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI-
 VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM  THE  DATA
 OR OBSCURED BEFORE THE DATA IS STORED AND USED.
   A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY
 COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW
 FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE.
   3.  ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL
 BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS
 RESTRICTED ONLY FOR THE PURPOSE  THAT  IT  WAS  GATHERED  AND  UPON  THE
 APPROVAL  OF  SUPERVISORY  LEVEL  PERSONNEL. ANY SUCH RECORDING SHALL BE
 RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE  OF  THE  ARCHIVED
 DATA  FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS
 RETENTION SCHEDULE OR POLICY.
   § 378. USE AND DISSEMINATION OF CCTV SYSTEM DATA.  1.  A  CCTV  SYSTEM
 OPERATOR  SHALL  USE  ITS  CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION
 PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES.  NOTHING
 CONTAINED  IN  THIS  SECTION  OR  ANY  OTHER  PROVISION  OF LAW SHALL BE
 CONSTRUED AS PROHIBITING A CCTV  SYSTEM  OPERATOR  FROM  UTILIZING  CCTV
 SYSTEM  DATA  IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH
 THE OPERATOR IS A PARTY.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM  DATA  THAT
 CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC
 AND  SHALL  NOT  BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO
 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   3. A CCTV SYSTEM OPERATOR MAY,  IN  ITS  DISCRETION,  DISTRIBUTE  CCTV
 SYSTEM  DATA  THAT  DOES  NOT  CONTAIN  PERSONAL  IDENTIFIER INFORMATION
 DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS  DIRECTLY  OR
 THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL-
 ER  INFORMATION,  PROVIDED  THAT  ALL  SUCH  DATA DISSEMINATED FROM CCTV
 SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH  A
 DELAY OF NOT TO EXCEED FIFTEEN MINUTES.
   4.  (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS
 CCTV SYSTEM DATA TO OTHER PUBLIC  SERVICE  ENTITIES  TO  ACHIEVE  COMMON
 TRANSPORTATION  SAFETY  AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI-
 DENTS, PUBLIC HEALTH DANGER OR SAFETY EMERGENCIES, A CCTV SYSTEM  OPERA-
 TOR  MAY  DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER
 INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY  TO  DEAL
 WITH  SUCH  INCIDENT,  DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL
 NOT DISSEMINATE CCTV  SYSTEM  DATA  THAT  CONTAINS  PERSONAL  IDENTIFIER
 INFORMATION TO PRIVATE ENTITIES.
   (B)  ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR
 TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE  PURSUANT  TO  A  WRITTEN
 AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS:
   (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV
 SYSTEM DATA THAT IS PROVIDED;
   (II)  THE  CCTV  SYSTEM  OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM
 DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE;
   (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE
 PURPOSES FOR WHICH THE DISSEMINATION IS MADE;
   (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV  SYSTEM  DATA  TO
 ANY  THIRD  PARTY  WITHOUT  THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM
 OPERATOR;

 S. 3089                            10

   (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM  DATA  THAT
 CONTAINS  PERSONAL  IDENTIFIER  INFORMATION TO ANY THIRD PARTY UNDER ANY
 CIRCUMSTANCES; AND
   (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT
 AS PROVIDED IN THIS SECTION.
   (C)  A  WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND A PRIVATE
 ENTITY FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN  THE
 FOLLOWING PROVISIONS:
   (I)  THE  PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV SYSTEM DATA
 TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND
   (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV
 SYSTEM OPERATOR MAY, IN ITS SOLE DISCRETION  AND  SUBJECT  TO  A  POLICY
 ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A  PRIVATE ENTITY TO
 RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES
 AS  TRAFFIC  REPORTS  AIRED  BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR
 HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI-
 TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF  ITS
 CREATION.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S3089

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2021-S3089 (ACTIVE) - Details

2021-S3089 (ACTIVE) - Summary

2021-S3089 (ACTIVE) - Sponsor Memo

2021-S3089 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3089

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2021-S3089 (ACTIVE) - Details

2021-S3089 (ACTIVE) - Summary

2021-S3089 (ACTIVE) - Sponsor Memo

2021-S3089 (ACTIVE) - Bill Text download pdf

Comments