S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9062
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to prohibiting  access
   to  video and audio recordings from smart surveillance devices without
   a warrant and voiding contractual provisions permitting such access

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by adding a new article 8-A
 to read as follows:
                                ARTICLE 8-A
                   SMART SURVEILLANCE DEVICE PRIVACY ACT
 SECTION 86. SHORT TITLE.
         86-A. DEFINITIONS.
         86-B. ACCESS TO SURVEILLANCE INFORMATION; WARRANT REQUIREMENT.
         86-C. WARRANT REQUIREMENTS.
         86-D. EMERGENCY ACCESS AND JUDICIAL REVIEW.
         86-E. NOTICE TO USERS.
         86-F. VOLUNTARY DISCLOSURES BY OPERATORS.
         86-G. SUPPRESSION, ENFORCEMENT, AND IMMUNITY.
         86-H. ADMISSIBILITY.
         86-I. SEVERABILITY.
   § 86. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "SMART SURVEILLANCE DEVICE PRIVACY ACT".
   §  86-A.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADVERSE RESULT" MEANS DANGER TO THE LIFE OR PHYSICAL SAFETY  OF  A
 PERSON,  FLIGHT  FROM  PROSECUTION,  DESTRUCTION  OF  OR  TAMPERING WITH
 EVIDENCE, INTIMIDATION OF POTENTIAL WITNESSES, OR SERIOUS JEOPARDY TO AN
 INVESTIGATION OR UNDUE DELAY OF A TRIAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13638-01-5
 A. 9062                             2
 
              

   2. "AUTHORIZED POSSESSOR" MEANS THE  OWNER  OF  A  SMART  SURVEILLANCE
 DEVICE  OR  A  PERSON AUTHORIZED BY THE OWNER TO POSSESS AND CONTROL THE
 DEVICE.
   3. "GOVERNMENT ENTITY" MEANS ANY STATE, LOCAL, OR FEDERAL LAW ENFORCE-
 MENT  AGENCY,  OR  ANY  INDIVIDUAL  ACTING  ON BEHALF OF SUCH AN AGENCY,
 INCLUDING BUT NOT LIMITED  TO  POLICE  DEPARTMENTS,  SHERIFFS'  OFFICES,
 DISTRICT ATTORNEYS, IMMIGRATION ENFORCEMENT AGENCIES, THE FEDERAL BUREAU
 OF INVESTIGATION, OR ANY POLITICAL SUBDIVISION OF THE STATE.
   4.  "OPERATOR" MEANS ANY PERSON, COMPANY, OR ENTITY THAT MANUFACTURES,
 SELLS, LEASES, OR PROVIDES  SERVICES  TO  USERS  OF  SMART  SURVEILLANCE
 DEVICES,  OR  MAINTAINS,  STORES,  OR  HAS  THE  ABILITY  TO ACCESS DATA
 COLLECTED BY SUCH DEVICES.
   5. "SPECIFIC CONSENT" MEANS CONSENT GIVEN DIRECTLY TO  THE  GOVERNMENT
 ENTITY  SEEKING ACCESS TO SURVEILLANCE INFORMATION, PROVIDED VOLUNTARILY
 BY THE AUTHORIZED POSSESSOR.
   6. "SMART SURVEILLANCE DEVICE" MEANS ANY INTERNET-CONNECTED  VIDEO  OR
 AUDIO  RECORDING  DEVICE,  INCLUDING BUT NOT LIMITED TO VIDEO DOORBELLS,
 HOME SECURITY CAMERAS, OR SIMILAR SYSTEMS, THAT RECORDS,  TRANSMITS,  OR
 STORES  VIDEO  OR  AUDIO  OF  THE EXTERIOR OR INTERIOR OF A RESIDENCE OR
 OTHER PRIVATE PROPERTY.
   7. "SURVEILLANCE INFORMATION" MEANS ANY VIDEO,  AUDIO,  OR  ASSOCIATED
 METADATA,  INCLUDING  LOCATION DATA, TIMESTAMPS, AND DEVICE IDENTIFIERS,
 CREATED, STORED, OR TRANSMITTED BY A SMART SURVEILLANCE DEVICE.
   § 86-B. ACCESS TO SURVEILLANCE INFORMATION; WARRANT REQUIREMENT. 1.  A
 GOVERNMENT ENTITY SHALL NOT COMPEL THE PRODUCTION OF SURVEILLANCE INFOR-
 MATION  FROM  AN  OPERATOR,  NOR  DIRECTLY  ACCESS  A SMART SURVEILLANCE
 DEVICE, EXCEPT:
   (A) PURSUANT TO A VALID SEARCH WARRANT ISSUED BY A NEUTRAL  MAGISTRATE
 BASED ON PROBABLE CAUSE;
   (B)  WITH  THE  SPECIFIC  CONSENT  OF  THE AUTHORIZED POSSESSOR OF THE
 DEVICE;
   (C) IN THE CASE OF A REPORTED LOST OR STOLEN DEVICE, WITH THE SPECIFIC
 CONSENT OF THE OWNER FOR THE PURPOSE OF IDENTIFYING  OR  CONTACTING  THE
 AUTHORIZED POSSESSOR; OR
   (D)  IN  A  BONA  FIDE EMERGENCY INVOLVING IMMINENT DANGER OF DEATH OR
 SERIOUS PHYSICAL INJURY, PROVIDED  THE  GOVERNMENT  ENTITY  APPLIES  FOR
 JUDICIAL AUTHORIZATION WITHIN SEVENTY-TWO HOURS OF SUCH ACCESS.
   2. ANY PROVISION OF A CONTRACT, TERMS OF SERVICE, MEMORANDUM OF UNDER-
 STANDING, OR OTHER AGREEMENT BETWEEN AN OPERATOR AND A GOVERNMENT ENTITY
 THAT  PERMITS  ACCESS  TO  SURVEILLANCE INFORMATION WITHOUT A WARRANT OR
 SPECIFIC CONSENT IS VOID AND UNENFORCEABLE AS AGAINST PUBLIC POLICY.
   § 86-C. WARRANT REQUIREMENTS. 1. A WARRANT ISSUED UNDER  THIS  ARTICLE
 SHALL DESCRIBE WITH PARTICULARITY:
   (A) THE SPECIFIC SURVEILLANCE INFORMATION SOUGHT;
   (B) THE TIME PERIOD COVERED BY THE REQUEST;
   (C) THE TARGETED DEVICE OR ACCOUNT; AND
   (D) THE LOCATION OF THE DEVICE, IF KNOWN.
   2.  ANY  SURVEILLANCE  INFORMATION  OBTAINED  THAT IS UNRELATED TO THE
 OBJECTIVES OF THE WARRANT SHALL BE  SEALED  AND  MAY  NOT  BE  ACCESSED,
 RETAINED,  OR DISCLOSED WITHOUT A SEPARATE COURT ORDER UPON A SHOWING OF
 GOOD CAUSE.
   § 86-D. EMERGENCY ACCESS  AND  JUDICIAL  REVIEW.  1.  IF  SURVEILLANCE
 INFORMATION  IS  ACCESSED  UNDER  PARAGRAPH  (D)  OF  SUBDIVISION ONE OF
 SECTION EIGHTY-SIX-B OF THIS ARTICLE, THE GOVERNMENT ENTITY SHALL  APPLY
 FOR A WARRANT OR JUDICIAL APPROVAL WITHIN SEVENTY-TWO HOURS.
 A. 9062                             3

   2.  IF  JUDICIAL  APPROVAL  IS DENIED OR THE COURT DETERMINES THAT THE
 EMERGENCY DID NOT JUSTIFY THE ACCESS, IT SHALL ORDER THE DESTRUCTION  OF
 ALL  SUCH  INFORMATION  AND  IMMEDIATE  NOTIFICATION  TO  THE AUTHORIZED
 POSSESSOR.
   §  86-E.  NOTICE TO USERS. 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF
 THIS SECTION, A GOVERNMENT  ENTITY  OBTAINING  SURVEILLANCE  INFORMATION
 SHALL  NOTIFY  THE AUTHORIZED POSSESSOR CONTEMPORANEOUSLY WITH EXECUTION
 OF THE WARRANT, OR WITHIN SEVENTY-TWO HOURS OF EMERGENCY ACCESS.
   2. A COURT MAY DELAY NOTICE FOR UP TO NINETY DAYS UPON A SHOWING  THAT
 IMMEDIATE  NOTICE  MAY  RESULT  IN  AN ADVERSE RESULT. EXTENSIONS MAY BE
 GRANTED UPON MOTION AND GOOD CAUSE SHOWN.
   3. UPON EXPIRATION OF A DELAY, THE GOVERNMENT ENTITY SHALL PROVIDE THE
 AUTHORIZED POSSESSOR WITH A COPY OF THE WARRANT OR STATEMENT OF EMERGEN-
 CY ACCESS, AND A SUMMARY OF THE INFORMATION OBTAINED.
   § 86-F.  VOLUNTARY  DISCLOSURES  BY  OPERATORS.  1.  AN  OPERATOR  MAY
 DISCLOSE  SURVEILLANCE  INFORMATION  VOLUNTARILY ONLY WHEN NOT OTHERWISE
 PROHIBITED BY LAW.
   2. A GOVERNMENT ENTITY RECEIVING SUCH  INFORMATION  VOLUNTARILY  SHALL
 DESTROY IT WITHIN NINETY DAYS UNLESS:
   (A)  SPECIFIC CONSENT FOR RETENTION IS GIVEN BY THE AUTHORIZED POSSES-
 SOR;
   (B) A COURT ORDER AUTHORIZES  RETENTION  UPON  A  SHOWING  OF  ONGOING
 INVESTIGATIVE NECESSITY; OR
   (C)  THE  INFORMATION  RELATES  TO  CHILD  SEXUAL  EXPLOITATION AND IS
 ENTERED INTO A STATE- OR FEDERALLY-RECOGNIZED MULTI-AGENCY DATABASE USED
 SOLELY FOR SUCH INVESTIGATIONS.
   § 86-G. SUPPRESSION, ENFORCEMENT, AND IMMUNITY. 1. ANY PERSON MAY MOVE
 PURSUANT TO SECTION 710.60 OF THE CRIMINAL  PROCEDURE  LAW  TO  SUPPRESS
 SURVEILLANCE INFORMATION OBTAINED IN VIOLATION OF THIS ARTICLE.
   2.  THE ATTORNEY GENERAL MAY BRING CIVIL ACTIONS TO ENFORCE THIS ARTI-
 CLE.
   3. AN OPERATOR OR ITS EMPLOYEES WHO ACT IN GOOD FAITH  RELIANCE  ON  A
 VALID  WARRANT,  COURT  ORDER, OR EMERGENCY REQUEST SHALL BE IMMUNE FROM
 LIABILITY FOR DISCLOSURE MADE PURSUANT TO SUCH AUTHORIZATION.
   §  86-H.  ADMISSIBILITY.  ANY  SURVEILLANCE  INFORMATION  OBTAINED  OR
 RETAINED IN VIOLATION OF THIS ARTICLE SHALL BE INADMISSIBLE IN ANY CRIM-
 INAL, CIVIL, OR ADMINISTRATIVE PROCEEDING.
   § 86-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
 TION  THEREOF  TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
 LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR  APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE DECLARED TO BE SEVER-
 ABLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.