Establishes a cause of action for injunction and damages for unlawful surveillance; damages for injuries sustained by reason of unlawful surveillance

BILL NUMBER:S5225

Title of bill

An act to amend the civil rights law, in relation to establishing a cause of action for injunction and damages for unlawful surveillance

Purpose of bill

To allow victims of unlawful surveillance, a crime under the penal law, a civil cause of action to seek injunctive relief and damages when their privacy is violated.

Summary of provisions

Section one amends section 21 of the civil rights law, numbering the existing provision as subsection 1 and creating a subsection 2 that creates a civil cause of action to allow for injunctive relief and damages when individuals act in a way that would violate the existing criminal prohibition on unlawful surveillance.

Section two defines the effective date as the one hundred eightieth day after it shall become a law.

Justification

The crime of unlawful surveillance occurs when an individual intentionally uses or installs an imaging device to surreptitiously view, broadcast or record a person in an intimate situation when such person has a reasonable expectation of privacy, without such person's knowledge or consent Often, this surveillance captures individuals in private spaces such as changing rooms, bathrooms, bedrooms, or hotel rooms when they are unclothed or engaging in sexual activity.

In New York State, the vast majority of crimes that have victims have a counterpart under civil law that allows victims to sue for damages. Victims of assault, theft, and rape all have a civil recourse yet victims of unlawful surveillance do not. This means that victims of unlawful surveillance are not able to seek injunctive relief to prevent the spread of the recorded images nor are they able to seek damages when these images are exploited.

This bill would allow victims of unlawful surveillance to bring an action in civil court for relief and/or damages. Victims would be able to seek injunctive relief, such as a temporary restraining order, in civil court to prevent the spread of the images. Obtaining an emergency order in civil court can be done quickly, even while a criminal case is pending, and is the best chance an individual may have to stop or prevent the spread of the images. Additionally, the ability to sue for damages allows victims to be made whole again in a way not afforded by the criminal law,

Legislative history

Relates to Chapter 193 of 2014 (A 2053C/S.1982C of 2014).

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall become a law.