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This entry was published on 2020-04-17
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SECTION 1243
Shared bicycle and shared bicycle with electric assist systems; data protection
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 7, ARTICLE 34
§ 1243. Shared bicycle and shared bicycle with electric assist
systems; data protection. 1. The governing body of any city, town or
village may, by local law, ordinance, order, rule or regulation,
authorize and regulate shared bicycle systems or shared bicycle with
electric assist systems within such city, town or village. No such
shared systems shall operate within a city, town or village except as
authorized by such local law, ordinance, order, rule or regulation. For
the purposes of this subdivision, the term shared bicycle system or
shared bicycle with electric assist system shall mean a network of
self-service and publicly available bicycles or bicycles with electric
assist in which a bicycle or bicycle with electric assist trip begins
and/or ends on any public highway.

2. Notwithstanding any other provision of law to the contrary, all
trip data, personal information, images, videos, and other recorded
images collected by any shared bicycle system or shared bicycle with
electric assist system which is authorized to operate within a city,
town or village pursuant to this section: (a) shall be for the exclusive
use of such shared bicycle or shared bicycle with electric assist system
and shall not be sold, distributed, or otherwise made available for any
commercial purpose and (b) shall not be disclosed or otherwise made
accessible except (i) to the person who is the subject of such data,
information or record; or (ii) if necessary to comply with a lawful
court order, judicial warrant signed by a judge appointed pursuant to
article III of the United States constitution, or subpoena for
individual data, information or records properly issued pursuant to the
criminal procedure law or the civil practice law and rules. Provided,
however, that nothing contained in this paragraph shall be deemed to
preclude the exchange of such data, information or recorded images
solely for the purpose of administering such authorized shared system.
For the purposes of this subdivision, "personal information" shall mean
information that identifies an individual, including but not limited to
name, address, telephone number, and the type and form of payment
including credit card number, debit card number, or other payment
method.