1. The Laws of New York
  2. Consolidated Laws
  3. Banking
  4. Article 2-AA:


Section 75-C

Banking (BNK)

Security measures. Every banking institution shall maintain the following security measures with respect to each of the automated teller machine facilities within its dominion and control:

  1. A surveillance camera or cameras, which shall view and record all persons entering an automated teller machine facility located within the interior of a building, or which shall view and record all activity occurring within a minimum of three feet in front of an automated teller machine located outside a building and open to the outdoor air. Such camera or cameras need not record banking transactions made at the automated teller machines. The recordings made by such cameras shall be preserved by the banking institution for at least forty-five days.

  2. Adequate lighting.

  3. With respect to an indoor automated teller machine facility: (a) entry doors equipped with locking devices which permit entry to such facility only to persons using a magnetic-strip plastic card or similar access device.

  (b) To the extent practicable, as determined by an expert with competence in such matters and as permitted by local building codes, at least one exterior wall which provides an unobstructed view of the interior of the automated teller machine facility.

  (c) A reflective mirror or mirrors, as necessary, placed in such a manner as to permit a person entering an indoor automated teller machine facility to view areas within such facility that are otherwise concealed to plain view.

  (d) A clearly visible sign which, at a minimum, provides the following information:

  (1) the activity of the automated teller machine facility is being recorded by a surveillance camera or cameras;

  (2) customers should close the entry door completely upon entering and exiting;

  (3) customers should not permit any unknown persons to enter after regular banking hours;

  (4) customers should place withdrawn cash securely upon their person before exiting the automated teller machine facility;

  (5) complaints concerning security in the automated teller machine facility should be directed to the banking institution's security department or the department of financial services, together with telephone numbers for such complaints, and that the nearest available public telephone should be used to call the police if emergency assistance is needed.