Prohibits disclosure of highway, bridge, tunnel and other thoroughfare toll and transit records, with exceptions

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S2173

Title of bill

An act to amend the civil rights law, in relation to privacy of electronic fare and toll records

Purpose

Establishes reasonable, uniform provisions for maintaining the confidentiality of electronic toll and electronic fare records, including "Metrocard' and "E-ZPass" records, while at the same time authorizing disclosure in cases of legitimate law enforcement need.

Summary of provisions

Section One of this bill is a statement of legislative intent.

Section Two adds a new section 50-f to the Civil Rights Law entitled "Privacy of Electronic Toll and Fare Records." This section contains definitions and states that all electronic toll and fare information is confidential except that such information shall be available for inspection and copying and use by the account holder. This information shall also be furnished when requested by a law enforcement agency for a legitimate law enforcement purpose, as determined by the law enforcement agency. This information can also be used in a civil court or other civil administrative or adjudicatory body in any action or proceeding pending when it relates directly to the collection of toll revenues and can be used by a public entity for communications with the account holder, including monthly statements, announcements and notification of alleged violations. Additionally, information concerning student discount "Metrocards" may be obtained upon written request by the Board of Education of the City of New York.

This bill does not preclude the use of aggregate electronic toll or fare information which does not identify any individual account holder in an action or proceeding involving such public entity, nor does it preclude the use, sale or distribution of information compiled from electronic toll or fare information, where such does not identify any individual account holder. The bill requires every public entity that collects electronic toll or fare information to provide regular and conspicuous notice, in writing, to applicants and account holders concerning the provisions of this section.

Section three contains the effective date.

Justification

The E-ZPass system is becoming more of a necessity than an option for many commuters. Heavy volume and fewer toll collection lanes, combined with the elimination of bulk tokens, have convinced many people who might otherwise not do so to sign up for the pre-paid E-ZPass and/or Metrocard system(s). Many of these people are concerned about protecting the privacy of information obtained through these electronic toll collection devices. This bill serves to protect privacy by establishing reasonable limitations on the release and use of such electronic toll and fare information.

Legislative history

2013-14: No Same As/ S. 4801-A Passed Senate 2012: A. 10255 Rules/ No Same As 2011-12. A. 1942 Codes/No Same As 2009-10: A. 4985 Passed Assembly/S. 5077 Codes 2007-08: A. 1520-A Passed Assembly 2005-06: A. 3470 Government Operations/ No Same As 2003-04: A. 812 Government Operations/S. 5909 Codes

Fiscal implications

None.

Effective date

Immediately.