S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5251
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. KIM, SIMON, TAYLOR, JACKSON, MAMDANI -- read once
   and referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend the civil rights law, in relation to imposing limita-
   tions on the use of drones for law enforcement purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "protect
 our privacy (POP) act".
   § 2. The civil rights law is amended by adding a new section  52-e  to
 read as follows:
   § 52-E. LIMITATIONS ON THE USE OF DRONES; LAW ENFORCEMENT PURPOSES. 1.
 THE  USE  OF DRONES BY A LAW ENFORCEMENT AGENCY, OR EMPLOYEE THEREOF, OR
 FOR LAW ENFORCEMENT PURPOSES, IS  PROHIBITED,  AND  NO  WARRANT  MAY  BE
 SOUGHT  OR  ISSUED AUTHORIZING SUCH USE OF DRONES. IT IS ALSO PROHIBITED
 FOR LAW ENFORCEMENT TO ENTER INTO AN AGREEMENT WITH A PRIVATE ENTITY  OR
 INDIVIDUAL,  WHETHER  PAID  OR  OTHERWISE,  TO  OBTAIN  INFORMATION FROM
 DRONES.
   2. NOTWITHSTANDING SUBDIVISION ONE OF THIS  SECTION,  LAW  ENFORCEMENT
 AGENCIES MAY USE DRONES FOR THE FOLLOWING PURPOSES:
   A. SEARCH AND RESCUE.
   B. EXAMINING CONDITIONS OF DANGEROUS AREAS AFTER NATURAL DISASTERS.
   3.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, A LAW ENFORCEMENT
 AGENCY OR EMPLOYEE THEREOF  MAY  NOT  USE  A  DRONE  FOR  DOCUMENTATION,
 RECORDING,  INVESTIGATION,  OR COLLECTION OF DATA AT CONCERTS, PROTESTS,
 DEMONSTRATIONS, OR OTHER ACTIONS PROTECTED BY THE FIRST AMENDMENT TO THE
 UNITED STATES CONSTITUTION OR SECTIONS EIGHT AND NINE OF ARTICLE ONE  OF
 THE  NEW  YORK  STATE  CONSTITUTION, NOR MAY A LAW ENFORCEMENT AGENCY OR
 EMPLOYEE THEREOF POSSESS OR USE AN ARMED DRONE.
   4. ANY DATA OBTAINED FROM DRONES PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION  MAY  NOT BE USED FOR ANY LAW ENFORCEMENT PURPOSES. FURTHERMORE,
 ANY PERSONALLY IDENTIFYING INFORMATION COLLECTED FROM  SUCH  DRONES  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04385-02-3
              

 A. 5251                             2
 
 NOT BE SHARED WITH ANY FEDERAL, STATE, LOCAL, OR PRIVATE ENTITY OR INDI-
 VIDUAL  UNLESS SUCH ENTITY OR INDIVIDUAL AGREES TO KEEP SUCH INFORMATION
 CONFIDENTIAL. ANY INDIVIDUAL WHOSE PERSONALLY IDENTIFYING DATA IS SHARED
 IN  VIOLATION  OF  THIS SUBDIVISION OR IN VIOLATION OF A CONFIDENTIALITY
 AGREEMENT PURSUANT TO THIS SUBDIVISION SHALL HAVE  A  PRIVATE  RIGHT  OF
 ACTION AGAINST THE ENTITY OR INDIVIDUAL WHO SHARES SUCH DATA.
   5. THIS SECTION SHALL APPLY RETROACTIVELY WITH RESPECT TO LAW ENFORCE-
 MENT  DATA  COLLECTED FROM USING DRONES EQUIPPED WITH FACIAL RECOGNITION
 SOFTWARE OR USING FACIAL RECOGNITION ON  VIDEO  OR  IMAGES  OBTAINED  OR
 CREATED  BY  A  DRONE, INCLUDING VIDEOS OR IMAGES OBTAINED OR CREATED BY
 DRONES OWNED, CONTROLLED, OR MAINTAINED BY A PRIVATE COMPANY, A  PRIVATE
 INDIVIDUAL,  OR  OTHER  GOVERNMENT  AGENCY, AND ANY SUCH DATA MAY NOT BE
 USED IN ANY ONGOING INVESTIGATIONS OR PROSECUTIONS AND SHALL BE PROMPTLY
 DELETED.
   6. DATA OR INFORMATION OBTAINED BY DRONES AND WITHIN  THE  CONTROL  OF
 ANY GOVERNMENT AGENCY OR IN THE POSSESSION OF A PRIVATE COMPANY OR INDI-
 VIDUAL  ON  BEHALF  OF ANY GOVERNMENT AGENCY SHALL BE SUBJECT TO RELEASE
 UNDER THE FREEDOM OF INFORMATION LAW, PROVIDED THAT ALL PERSONAL IDENTI-
 FYING INFORMATION, EXCEPT FOR THAT OF LAW ENFORCEMENT  PERSONNEL  ACTING
 WITHIN  THEIR  OFFICIAL RESPONSIBILITIES OR PERFORMING AN OFFICIAL FUNC-
 TION, SHALL BE REDACTED PRIOR TO SUCH RELEASE.
   7. ALL EXISTING DATA OR INFORMATION OBTAINED BY THE USE OF DRONES  FOR
 LAW ENFORCEMENT PURPOSES THAT ARE NOT PART OF AN ONGOING CRIMINAL INVES-
 TIGATION  OR PROCEEDING SHALL BE DESTROYED IN ONE YEAR OR LESS, ABSENT A
 SUBPOENA OR COURT ORDER. EXISTING DATA OR INFORMATION NOT  DESTROYED  IN
 ONE YEAR OR LESS PURSUANT TO A SUBPOENA OR COURT ORDER AND THAT IS WITH-
 IN  THE  CONTROL  OF  ANY  GOVERNMENT  AGENCY  OR IN THE POSSESSION OF A
 PRIVATE COMPANY OR INDIVIDUAL ON BEHALF OF ANY GOVERNMENT  AGENCY  SHALL
 BE DESTROYED ONCE THE PROCEEDINGS OR INVESTIGATIONS THAT THE SUBPOENA OR
 COURT ORDER RELATED TO HAVE ENDED.
   8.  A.  SUPPRESSION.  I.  UPON  MOTION FROM A DEFENDANT, A COURT SHALL
 ORDER THAT EVIDENCE BE SUPPRESSED OR EXCLUDED IF THE  COURT  FINDS  THAT
 SUCH EVIDENCE WAS OBTAINED IN VIOLATION OF THIS SECTION.
   II.  THIS  PARAGRAPH  SHALL APPLY REGARDLESS OF THE COURT WHICH ISSUED
 THE ORDER AND REGARDLESS OF  WHETHER  THE  ISSUANCE  OF  THE  ORDER  WAS
 PERMISSIBLE UNDER THE PROCEDURES OF THAT COURT.
   III.  THIS  PARAGRAPH  SHALL  APPLY  REGARDLESS  OF ANY CLAIM THAT THE
 INFORMATION OR EVIDENCE IS ATTENUATED FROM AN UNLAWFUL ORDER OR REQUEST,
 WOULD INEVITABLY HAVE BEEN DISCOVERED, OR WAS SIMULTANEOUSLY  OR  SUBSE-
 QUENTLY OBTAINED OR REOBTAINED THROUGH OTHER MEANS.
   B.  PRIVATE  RIGHT  OF  ACTION.  I.  ANY INDIVIDUAL WHOSE RECORDS WERE
 OBTAINED BY ANY GOVERNMENT ENTITY  IN  VIOLATION  OF  THIS  SECTION  MAY
 INSTITUTE  A  CIVIL ACTION AGAINST SUCH GOVERNMENT ENTITY FOR ANY OR ALL
 OF THE FOLLOWING:
   (1) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER;
   (2) PUNITIVE DAMAGES;
   (3) INJUNCTIVE OR DECLARATORY RELIEF;
   (4) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   II. IN ASSESSING THE AMOUNT  OF  PUNITIVE  DAMAGES,  THE  COURT  SHALL
 CONSIDER:
   (1) THE NUMBER OF PEOPLE WHOSE RIGHTS WERE VIOLATED;
   (2)  WHETHER  THE  VIOLATION  DIRECTLY  OR INDIRECTLY TARGETED PERSONS
 ENGAGED IN THE EXERCISE OF ACTIVITIES PROTECTED  BY  THE  UNITED  STATES
 CONSTITUTION OR THE NEW YORK STATE CONSTITUTION; AND
   (3) THE PERSISTENCE OF VIOLATIONS BY THE PARTICULAR GOVERNMENT ENTITY.
 A. 5251                             3
 
   III.  IN  ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT SHALL AWARD
 REASONABLE ATTORNEYS' FEES, EXPENSES AND COSTS TO  A  PREVAILING  PLAIN-
 TIFF.
   9. AS USED IN THIS SECTION:
   A.  "DRONE" MEANS ANY REMOTELY OR AUTONOMOUSLY PILOTED DEVICE, INCLUD-
 ING DEVICES THAT TRAVEL BY  AIR  (SUCH  AS  QUADCOPTERS  AND  FIXED-WING
 AIRCRAFT), LAND, OR WATER.
   B.  "LAW  ENFORCEMENT  AGENCY"  MEANS  A LAWFULLY ESTABLISHED STATE OR
 LOCAL PUBLIC AGENCY THAT IS RESPONSIBLE FOR THE PREVENTION AND DETECTION
 OF CRIME, THE ENFORCEMENT OF LOCAL GOVERNMENT CODES AND THE  ENFORCEMENT
 OF  PENAL,  TRAFFIC,  REGULATORY,  GAME OR CONTROLLED SUBSTANCE LAWS AND
 INCLUDES AN AGENT OF THE LAW ENFORCEMENT AGENCY.
   C. "LAW ENFORCEMENT PURPOSES" INCLUDES ACTIVITIES REGULARLY  CONDUCTED
 BY   LAW   ENFORCEMENT  AGENCIES,  INCLUDING  BUT  NOT  LIMITED  TO  THE
 PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES
 OR THE EXECUTION OF CRIMINAL PENALTIES, INCLUDING  BUT  NOT  LIMITED  TO
 CROWD  CONTROL AND SAFEGUARDING AGAINST AND THE PREVENTION OF THREATS TO
 PUBLIC SECURITY.
   D. "SEARCH AND RESCUE" MEANS THE EMPLOYMENT, COORDINATION, AND  UTILI-
 ZATION  OF  AVAILABLE  RESOURCES  AND  PERSONNEL  IN LOCATING, RELIEVING
 DISTRESS AND PRESERVING LIFE OF, AND REMOVING SURVIVORS FROM THE SITE OF
 A DISASTER, EMERGENCY, OR HAZARD TO A PLACE OF SAFETY IN CASE  OF  LOST,
 STRANDED, ENTRAPPED, OR INJURED PERSONS.
   E.  "ARMED  DRONE"  MEANS A DRONE EQUIPPED WITH A FIREARM OR DANGEROUS
 WEAPON AS DEFINED IN SECTION 265.00 OF THE PENAL LAW OR ANY  OTHER  TOOL
 DESIGNED TO CAUSE DEATH, SERIOUS BODILY INJURY, OR INCAPACITATION.
   10.  IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
 OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT  AFFECT  OTHER
 PROVISIONS  OR  APPLICATIONS  OF  THIS SECTION WHICH CAN BE GIVEN EFFECT
 WITHOUT THE INVALID PROVISION  OR  APPLICATION,  AND  TO  THIS  END  THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 3. This act shall take effect immediately.