Assembly Bill A10687

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10687
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced by M. of A. TORRES -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend the general business law, in relation to enacting the
   "consumer camera privacy act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer camera privacy act".
   § 2. The general business law is amended by adding a new section 390-f
 to read as follows:
   § 390-F. NETWORKED CAMERA DEVICES; COORDINATED SURVEILLANCE  FEATURES.
 1.  DEFINITIONS.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "NETWORKED CAMERA DEVICE" MEANS ANY INTERNET-CONNECTED DEVICE SOLD
 TO CONSUMERS THAT CAPTURES VIDEO OR STILL IMAGES OF PERSONS OR PROPERTY,
 INCLUDING BUT NOT LIMITED TO  VIDEO  DOORBELLS,  SECURITY  CAMERAS,  AND
 SIMILAR DEVICES.
   (B)  "COORDINATED  SURVEILLANCE  FEATURE"  MEANS  ANY  FUNCTION  OF  A
 NETWORKED CAMERA DEVICE THAT TRANSMITS, SHARES, POOLS,  OR  MAKES  VIDEO
 FOOTAGE OR DERIVATIVE DATA ACCESSIBLE TO PERSONS OTHER THAN THE OWNER OF
 SUCH  NETWORKED  CAMERA  DEVICE,  INCLUDING BUT NOT LIMITED TO NETWORKED
 SEARCH FUNCTIONS, CROWDSOURCED TRACKING SYSTEMS, BIOMETRIC ANALYSIS, AND
 COMMUNITY ALERT FEATURES.
   (C) "BIOMETRIC ANALYSIS" MEANS THE USE OF AUTOMATED SYSTEMS TO IDENTI-
 FY, TRACK, OR CATEGORIZE INDIVIDUALS BASED ON PHYSICAL  CHARACTERISTICS,
 INCLUDING BUT NOT LIMITED TO FACIAL GEOMETRY, GAIT, OR VOICE.
   (D)  "DEFAULT  SETTING"  MEANS ANY CONFIGURATION OF A NETWORKED CAMERA
 DEVICE THAT IS ACTIVE UPON INITIAL SETUP WITHOUT AFFIRMATIVE  ACTION  BY
 THE OWNER OF SUCH DEVICE.
   (E) "MANUFACTURER OR OPERATOR" MEANS A PERSON OR ENTITY THAT:
   (I) MANUFACTURES A NETWORKED CAMERA DEVICE; AND/OR
   (II)   PROVIDES  DIGITAL  SERVICES  TO  OWNERS  OF  INTERNET-CONNECTED
 NETWORKED CAMERA  DEVICES,  INCLUDING  BUT  NOT  LIMITED  TO,  ACCESSING
 RECORDED  VIDEO FOOTAGE OR STILL IMAGES THAT ARE SAVED ON A REMOTE SERV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14888-01-6
 A. 10687                            2
 
 ER, REMOTE ACCESS TO LIVE VIDEO FOOTAGE, OR ACCESS TO OTHER FEATURES  OF
 SUCH NETWORKED CAMERA DEVICES.
   (F) "OWNER" MEANS THE OWNER OF A NETWORKED CAMERA DEVICE.
   2.  PROHIBITED  PRACTICES.  NO MANUFACTURER OR OPERATOR OF A NETWORKED
 CAMERA DEVICE SHALL:
   (A) ENABLE ANY COORDINATED SURVEILLANCE FEATURE AS A DEFAULT  SETTING;
 PROVIDED,  HOWEVER,  THAT  SUCH COORDINATED SURVEILLANCE FEATURES MAY BE
 OFFERED ONLY UPON THE OWNER'S AFFIRMATIVE OPT-IN CONSENT, OBTAINED SEPA-
 RATELY FROM GENERAL TERMS OF SERVICE;
   (B) USE FOOTAGE CAPTURED BY AN OWNER'S  NETWORKED  CAMERA  DEVICE  FOR
 ALGORITHM  TRAINING,  PRODUCT  DEVELOPMENT,  OR  ANY  PURPOSE OTHER THAN
 PROVIDING SERVICES DIRECTLY REQUESTED BY SUCH  OWNER,  WITHOUT  SEPARATE
 AFFIRMATIVE CONSENT;
   (C)  RETAIN FOOTAGE CAPTURED BY A NETWORKED CAMERA DEVICE THAT HAS NOT
 BEEN ACTIVATED WITH A PAID SUBSCRIPTION OR AFFIRMATIVE OWNER  SETUP  FOR
 MORE  THAN  SEVENTY-TWO  HOURS,  UNLESS  SUCH OWNER AFFIRMATIVELY ELECTS
 LONGER RETENTION; OR
   (D) CONDITION BASIC NETWORKED CAMERA  DEVICE  FUNCTIONALITY  ON  OWNER
 PARTICIPATION IN ANY COORDINATED SURVEILLANCE FEATURE.
   3.  DISCLOSURE REQUIREMENTS. (A) AT THE POINT OF SALE OF ANY NETWORKED
 CAMERA DEVICE, THE FOLLOWING DISCLOSURES SHALL BE DISPLAYED  PROMINENTLY
 AND  SEPARATELY  FROM OTHER PRODUCT INFORMATION REGARDING SUCH NETWORKED
 CAMERA DEVICE:
   (I) WHETHER SUCH NETWORKED CAMERA DEVICE  RECORDS  TO  LOCAL  STORAGE,
 REMOTE SERVER STORAGE, OR BOTH;
   (II)  WHETHER ANY FOOTAGE IS TRANSMITTED TO THE MANUFACTURER OR OPERA-
 TOR, OR OTHER THIRD PARTIES, ABSENT OWNER ACTION;
   (III) WHETHER ANY COORDINATED SURVEILLANCE FEATURE IS INCLUDED AND, IF
 SO, SUCH COORDINATED SURVEILLANCE FEATURE'S DEFAULT STATUS; AND
   (IV) SUCH NETWORKED CAMERA DEVICE'S DATA RETENTION PRACTICES.
   (B) UPON INITIAL SETUP OF A NETWORKED CAMERA DEVICE, THE  MANUFACTURER
 OR  OPERATOR SHALL PRESENT THE CONSUMER WITH A PLAIN-LANGUAGE SUMMARY OF
 DATA COLLECTION PRACTICES BEFORE ANY RECORDING FUNCTION  IS  ENABLED  ON
 SUCH NETWORKED CAMERA DEVICE.
   4.  OWNER  DATA  RIGHTS.  (A) UPON REQUEST, A MANUFACTURER OR OPERATOR
 SHALL PROVIDE THE OWNER  WITH  ALL  FOOTAGE  CAPTURED  BY  SUCH  OWNER'S
 NETWORKED   CAMERA   DEVICE  WITHIN  SEVENTY-TWO  HOURS,  REGARDLESS  OF
 SUBSCRIPTION STATUS, IN A COMMONLY USED ELECTRONIC FORMAT.
   (B) UPON REQUEST, A MANUFACTURER OR OPERATOR SHALL DELETE ALL  FOOTAGE
 AND  DERIVATIVE  DATA ASSOCIATED WITH AN OWNER'S NETWORKED CAMERA DEVICE
 WITHIN THIRTY DAYS.
   (C) AN OWNER  MAY  REVOKE  CONSENT  TO  ANY  COORDINATED  SURVEILLANCE
 FEATURE  AT ANY TIME, AND SUCH REVOCATION SHALL TAKE EFFECT WITHIN TWEN-
 TY-FOUR HOURS.
   5. LAW ENFORCEMENT ACCESS. (A) NO FOOTAGE FROM A COORDINATED  SURVEIL-
 LANCE  FEATURE  SHALL  BE DISCLOSED TO ANY LAW ENFORCEMENT AGENCY EXCEPT
 PURSUANT TO A WARRANT ISSUED UPON PROBABLE CAUSE OR THE NETWORKED CAMERA
 DEVICE'S OWNER'S VOLUNTARY AND INFORMED CONSENT GIVEN IN RESPONSE  TO  A
 SPECIFIC REQUEST.
   (B)  MANUFACTURERS  AND  OPERATORS  SHALL  PUBLISH ANNUAL TRANSPARENCY
 REPORTS DETAILING THE NUMBER OF LAW ENFORCEMENT REQUESTS  RECEIVED,  THE
 NUMBER COMPLIED WITH, AND THE LEGAL PROCESS RELIED UPON.
   6. ENFORCEMENT. (A) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENJOIN
 VIOLATIONS  OF  THIS  SECTION AND TO OBTAIN CIVIL PENALTIES OF UP TO TEN
 THOUSAND DOLLARS PER VIOLATION, OR UP TO  TWENTY-FIVE  THOUSAND  DOLLARS
 PER VIOLATION WHERE SUCH VIOLATION WAS WILLFUL.
 A. 10687                            3
 
   (B)  ANY  PERSON  INJURED  BY  A VIOLATION OF THIS SECTION MAY BRING A
 CIVIL ACTION TO RECOVER ACTUAL  DAMAGES  OR  FIVE  HUNDRED  DOLLARS  PER
 VIOLATION,  WHICHEVER  IS  GREATER,  PLUS REASONABLE ATTORNEY'S FEES AND
 COSTS.
   §  3. This act shall take effect one year after it shall have become a
 law.  Effective immediately, the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.