Bill Text: NY A05301 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the confidentiality of electronic toll information, including but not limited to E-Z Pass information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A05301 Detail]

Download: New_York-2011-A05301-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5301
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 15, 2011
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend  the  civil rights law, in relation to the privacy of
         electronic toll records
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    The civil rights law is amended by adding a new section
    2  50-f to read as follows:
    3    S 50-F. PRIVACY OF ELECTRONIC TOLL AND FARE RECORDS. 1.   DEFINITIONS.
    4  AS USED IN THIS SECTION:
    5    A.  "ELECTRONIC  TOLL INFORMATION" SHALL MEAN RECORDS CREATED OR MAIN-
    6  TAINED BY A PUBLIC ENTITY OR BY A CONTRACTOR ON BEHALF OF A PUBLIC ENTI-
    7  TY CONCERNING A MOTORIST OR MOTOR VEHICLE REGARDING THE USE OF ANY HIGH-
    8  WAY, BRIDGE, TUNNEL OR OTHER THOROUGHFARE, INCLUDING BUT NOT LIMITED  TO
    9  E-Z PASS RECORDS, WHICH CONTAIN INFORMATION SUCH AS (BUT NOT LIMITED TO)
   10  THE  NAME AND ADDRESS OF THE REGISTERED VEHICLE OWNER OR ACCOUNT HOLDER,
   11  A DESCRIPTION AND/OR LICENSE PLATE NUMBER OF THE VEHICLE, THE DATE, TIME
   12  AND LOCATION OF THE PASSAGE OF  A  VEHICLE  THROUGH  A  TOLL  COLLECTION
   13  LOCATION,  AND  THE  STATEMENTS  OF  ACCOUNT ADDITIONS AND/OR DEDUCTIONS
   14  PREPARED FOR OR SENT TO THE ACCOUNT HOLDER.
   15    B. "PUBLIC ENTITY" SHALL MEAN AND INCLUDE ANY STATE OR  LOCAL  DEPART-
   16  MENT,  AGENCY,  BOARD,  BUREAU,  DIVISION, COMMISSION, PUBLIC AUTHORITY,
   17  PUBLIC BENEFIT CORPORATION OR OFFICE OF THE STATE OR A POLITICAL  SUBDI-
   18  VISION  OF  THE  STATE, OR ANY OTHER ENTITY PERFORMING A GOVERNMENTAL OR
   19  PROPRIETARY FUNCTION FOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   20    C. "CONTRACTOR" SHALL MEAN ANY ENTITY ENGAGED IN  PERFORMING  CUSTOMER
   21  SERVICE  FUNCTIONS, INCLUDING VIOLATIONS PROCESSING, UNDER CONTRACT WITH
   22  A PUBLIC ENTITY.
   23    2. CONFIDENTIALITY OF RECORDS. ELECTRONIC TOLL INFORMATION  IS  CONFI-
   24  DENTIAL  INFORMATION.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW,
   25  SUCH INFORMATION SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT  TO  CIVIL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03174-01-1
       A. 5301                             2
    1  OR  CRIMINAL  PROCESS  OR DISCOVERY, NOR SUBJECT TO DISCLOSURE UNDER THE
    2  FREEDOM OF INFORMATION LAW, NOR USED BY ANY COURT OR  ADMINISTRATIVE  OR
    3  ADJUDICATORY  BODY  IN  ANY  ACTION OR PROCEEDING THEREIN, AND NO PUBLIC
    4  ENTITY  OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFOR-
    5  MATION, EXCEPT THAT SUCH INFORMATION:
    6    A. SHALL BE AVAILABLE FOR  INSPECTION  AND  COPYING  AND  USE  BY  THE
    7  ACCOUNT  HOLDER  FOR  SO  LONG AS SUCH INFORMATION IS MAINTAINED BY SUCH
    8  PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
    9    B. MAY BE OBTAINED AND, IF OTHERWISE ADMISSIBLE, BE USED  IN  A  CIVIL
   10  COURT  OR  OTHER CIVIL ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION
   11  OR PROCEEDING PENDING THEREIN WHEN SUCH  ACTION  OR  PROCEEDING  RELATES
   12  DIRECTLY TO THE COLLECTION OF TOLL REVENUES AND IT IS ALLEGED:
   13    (I)  BY  THE  PROVIDER OF SUCH SERVICES THAT TOLLS PROPERLY CHARGED TO
   14  THE ACCOUNT HOLDER REMAIN UNPAID; OR
   15    (II) BY THE ACCOUNT HOLDER THAT TOLLS WERE IMPROPERLY CHARGED TO  SUCH
   16  HOLDER'S ACCOUNT; AND
   17    C.  MAY  BE  USED BY SUCH PUBLIC ENTITY OR A CONTRACTOR ON BEHALF OF A
   18  PUBLIC ENTITY FOR COMMUNICATIONS  WITH  THE  ACCOUNT  HOLDER,  INCLUDING
   19  MONTHLY   STATEMENTS,   ANNOUNCEMENTS   AND   NOTIFICATION   OF  ALLEGED
   20  VIOLATIONS; AND
   21    D. MAY BE USED BY SUCH PUBLIC ENTITY OR A CONTRACTOR ON  BEHALF  OF  A
   22  PUBLIC  ENTITY  FOR  CUSTOMER  SERVICE CENTER TO CUSTOMER SERVICE CENTER
   23  COMMUNICATIONS IN CONNECTION WITH THE ADMINISTRATION OF SUCH  ELECTRONIC
   24  TOLL INFORMATION SYSTEM.
   25    3.  INFORMATION.  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE USE OF
   26  AGGREGATE ELECTRONIC TOLL INFORMATION WHICH DOES NOT IDENTIFY ANY  INDI-
   27  VIDUAL  ACCOUNT  HOLDER IN AN ACTION OR PROCEEDING INVOLVING SUCH PUBLIC
   28  ENTITY, NOR PRECLUDE  THE  USE,  SALE  OR  DISTRIBUTION  OF  INFORMATION
   29  COMPILED  FROM  ELECTRONIC TOLL OR FARE INFORMATION, WHERE SUCH COMPILED
   30  INFORMATION DOES NOT IDENTIFY ANY INDIVIDUAL ACCOUNT HOLDER.
   31    4. NOTICE. EVERY PUBLIC ENTITY THAT COLLECTS ELECTRONIC TOLL  INFORMA-
   32  TION SHALL PROVIDE REGULAR AND CONSPICUOUS NOTICE, IN WRITING, TO APPLI-
   33  CANTS  AND  ACCOUNT  HOLDERS  CONCERNING THE PROVISIONS OF THIS SECTION,
   34  WHICH NOTICE SHALL ALSO DESCRIBE THE MEANS BY WHICH ACCOUNT HOLDERS  MAY
   35  OBTAIN COPIES OF THEIR INDIVIDUAL ACCOUNT RECORDS.
   36    5.  VIOLATIONS.  ANY  PERSON  WHO  KNOWINGLY  RELEASES  OR PERMITS THE
   37  RELEASE OF ELECTRONIC TOLL INFORMATION THAT IS CONFIDENTIAL  UNDER  THIS
   38  SECTION  TO  A PERSON OR ENTITY NOT ENTITLED TO RECEIVE SUCH INFORMATION
   39  SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS.
   40    S 2. This act shall take effect immediately.