Bill Text: NY S04329 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a public authority closed-circuit television system and surveillance personal privacy act, a state highway closed-circuit television system and surveillance personal privacy act and a municipal closed-circuit television system and surveillance personal privacy act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S04329 Detail]
Download: New_York-2009-S04329-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4329 2009-2010 Regular Sessions I N S E N A T E April 22, 2009 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, the transportation law and the general municipal law, in relation to establishing a closed-cir- cuit television system and surveillance personal privacy act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declarations. The legislature 2 finds and declares the state has increasingly used camera systems and 3 other surveillance technologies to monitor the daily legal activities of 4 its citizens. Even in public and quasi-public forums, increasing use of 5 government surveillance has a chilling effect on the freedoms and activ- 6 ities of its citizens. Therefore, the legislature finds that the state 7 has an obligation to establish a policy in which the public's privacy 8 interests are protected where camera systems are increasingly used in 9 traffic enforcement, surveillance and other areas. Where these surveil- 10 lance systems are used, the state has an obligation to protect an indi- 11 vidual's right of personal privacy, and consequently, must take all 12 steps to protect the personal privacy in all aspects of system planning, 13 design, deployment, operation and maintenance and shall not collect or 14 disseminate any personal identifier information. 15 S 2. The public authorities law is amended by adding a new article 1-B 16 to read as follows: 17 ARTICLE 1-B 18 PUBLIC AUTHORITY CLOSED-CIRCUIT TELEVISION SYSTEM 19 AND SURVEILLANCE PERSONAL PRIVACY ACT 20 SECTION 52. DEFINITIONS. 21 53. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 22 54. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO. 23 55. USE AND DISSEMINATION OF CCTV SYSTEM DATA. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04801-02-9 S. 4329 2 1 S 52. DEFINITIONS. AS USED IN THIS ARTICLE: 2 1. THE TERMS "CLOSED-CIRCUIT TELEVISION SYSTEM," "CCTV SYSTEM," OR 3 "CCTV" SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT, 4 TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM AND PROJECT 5 SUCH DATA ONTO A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING 6 EQUIPMENT AND ANY OTHER SYSTEM THAT ALLOWS THE COLLECTION, VIEWING, 7 TRANSMISSION AND RECORDING OF VIDEO IMAGES; AND SUCH A SYSTEM IS A 8 CLOSED CIRCUIT IN THAT IT HAS LIMITED ACCESS, AND ALL ELEMENTS ARE 9 DIRECTLY CONNECTED AND CONTROLLED BY OPERATORS OF THE SYSTEM. CCTV 10 SYSTEM SHALL NOT INCLUDE: ANY IMAGES OR VIDEOTAPE PREPARED PURSUANT TO 11 SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER; OR ANY SYSTEM 12 OR NETWORK OF CAMERAS INSTALLED ON A CCTV SYSTEM OPERATOR'S FACILITIES 13 FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES. 14 2. "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE 15 ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS MEDIA SERVICES 16 OR ANY OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE 17 ENTITY. 18 3. "PUBLIC SERVICE ENTITY" SHALL MEAN ANY PUBLIC AGENCY, PUBLIC 19 AUTHORITY, PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY, 20 ACCREDITED ACADEMIC INSTITUTION, OR NOT-FOR-PROFIT PUBLIC SERVICE 21 PROVIDER. 22 4. "INCIDENT" SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC 23 HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN IMPACT ON 24 THE SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO 25 HIGHWAY CONGESTION, AND SHALL INCLUDE A VEHICULAR ACCIDENT, AND ANY 26 VIOLATION OF LAW OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE 27 ATTENTION OF A PEACE OFFICER. 28 5. "PERSONAL IDENTIFIER INFORMATION" SHALL MEAN ANY DATA OR VIDEO 29 REPRESENTATION THAT COULD: 30 (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE; 31 (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE; 32 (C) IDENTIFY THE CONTENTS OF THE ENCLOSED INTERIOR OF A PASSENGER 33 VEHICLE; OR 34 (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE. 35 6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY PUBLIC AUTHORITY AS DEFINED 36 IN THIS CHAPTER THAT OWNS OR OPERATES A CCTV SYSTEM. 37 S 53. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE CAMERAS 38 OF A CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED 39 ON THE HIGHWAY AND FEEDER AND EXIT ROADS FOR WHICH THE SYSTEM IS 40 INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV- 41 ER, SUCH CAMERAS MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO 42 AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE, 43 AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF A 44 PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 45 2. NO CCTV SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON 46 PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON 47 SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT PROHIBIT 48 SUCH MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF 49 A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 50 3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT 51 PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER OF A 52 COURT OF COMPETENT JURISDICTION, AND EXCEPT THAT SUCH DATA MAY BE 53 COLLECTED WITHOUT A COURT ORDER IN A PUBLIC HEALTH DANGER OR SAFETY 54 EMERGENCY SITUATION TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING 55 THE GATHERING OF INFORMATION NECESSARY TO PROVIDE THE APPROPRIATE 56 RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. S. 4329 3 1 4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE- 2 MENT THE REQUIREMENTS OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN 3 THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN 4 SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE. 5 S 54. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO. 1. EXCEPT AS 6 PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT RECORD CCTV 7 DATA. IN ALL CASES, RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER 8 THAT PROTECTS THE PRIVACY OF THE PUBLIC. 9 2. A CCTV SYSTEM OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED 10 BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY ESTABLISH A 11 PLAN IN ADVANCE FOR THE RECORDING OF VIDEO IMAGES IN RESPONSE TO A 12 SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO IMPROV- 13 ING SAFETY AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN- 14 NING AND PERFORMANCE INCLUDING: 15 (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM; 16 (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING; 17 (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS; 18 (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR 19 (E) TO COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES, 20 PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI- 21 VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM THE DATA 22 OR OBSCURED BEFORE THE DATA IS STORED AND USED. 23 A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY 24 COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW 25 FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE. 26 3. ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL 27 BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS 28 RESTRICTED ONLY FOR THE PURPOSE THAT IT WAS GATHERED AND UPON THE 29 APPROVAL OF SUPERVISORY LEVEL PERSONNEL. ANY SUCH RECORDINGS SHALL BE 30 RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE OF THE ARCHIVED 31 DATA FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS 32 RETENTION SCHEDULE OR POLICY. 33 S 55. USE AND DISSEMINATION OF CCTV SYSTEM DATA. 1. A CCTV SYSTEM 34 OPERATOR SHALL USE ITS CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION 35 PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES. NOTHING 36 CONTAINED IN THIS SECTION OR ANY OTHER PROVISION OF LAW SHALL BE 37 CONSTRUED AS PROHIBITING A CCTV SYSTEM OPERATOR FROM UTILIZING CCTV 38 SYSTEM DATA IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH 39 THE OPERATOR IS A PARTY. 40 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM DATA THAT 41 CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC 42 AND SHALL NOT BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO 43 ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 44 3. A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISTRIBUTE CCTV 45 SYSTEM DATA THAT DOES NOT CONTAIN PERSONAL IDENTIFIER INFORMATION 46 DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS DIRECTLY OR 47 THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL- 48 ER INFORMATION, PROVIDED THAT ALL SUCH DATA DISSEMINATED FROM CCTV 49 SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH A 50 DELAY OF NOT TO EXCEED FIFTEEN MINUTES. 51 4. (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS 52 CCTV SYSTEM DATA TO OTHER PUBLIC SERVICE ENTITIES TO ACHIEVE COMMON 53 TRANSPORTATION SAFETY AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI- 54 DENTS, PUBLIC HEALTH DANGERS OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA- 55 TOR MAY DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER 56 INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY TO DEAL S. 4329 4 1 WITH SUCH INCIDENT, DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL 2 NOT DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER 3 INFORMATION TO PRIVATE ENTITIES. 4 (B) ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR 5 TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE PURSUANT TO A WRITTEN 6 AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS: 7 (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV 8 SYSTEM DATA THAT IS PROVIDED; 9 (II) THE CCTV SYSTEM OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM 10 DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE; 11 (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE 12 PURPOSES FOR WHICH THE DISSEMINATION IS MADE; 13 (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM DATA TO 14 ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM 15 OPERATOR; 16 (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM DATA THAT 17 CONTAINS PERSONAL IDENTIFIER INFORMATION TO ANY THIRD PARTY UNDER ANY 18 CIRCUMSTANCES; AND 19 (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT 20 AS PROVIDED IN THIS SECTION. 21 (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND A PRIVATE 22 ENTITY FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE 23 FOLLOWING PROVISIONS: 24 (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV SYSTEM DATA 25 TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND 26 (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV 27 SYSTEM OPERATOR MAY, IN ITS SOLE DISCRETION AND SUBJECT TO A POLICY 28 ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY TO 29 RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES 30 AS TRAFFIC REPORTS AIRED BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR 31 HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI- 32 TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF ITS 33 CREATION. 34 S 3. The New York metropolitan transportation authority is directed to 35 conduct a study to review all elements of its operations and create a 36 mission statement that explicitly states the authority's use of closed- 37 circuit television systems and other surveillance systems and what the 38 reasonable privacy expectations of an individual are regarding the 39 authority's use of such systems. The authority shall report within 60 40 days of the effective date of this act and report to the governor, the 41 speaker of the assembly, the temporary president of the senate, the 42 chairman of the assembly standing committee on corporations, authorities 43 and commissions, and the chairman of the senate standing committee on 44 corporations, authorities and commissions. 45 S 4. The transportation law is amended by adding a new article 23 to 46 read as follows: 47 ARTICLE 23 48 STATE HIGHWAY CLOSED-CIRCUIT TELEVISION SYSTEM 49 AND SURVEILLANCE PERSONAL PRIVACY ACT 50 SECTION 490. DEFINITIONS. 51 491. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 52 492. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO. 53 493. USE AND DISSEMINATION OF CCTV SYSTEM DATA. 54 S 490. DEFINITIONS. AS USED IN THIS ARTICLE: 55 1. THE TERMS "CLOSED-CIRCUIT TELEVISION SYSTEM," "CCTV SYSTEM," OR 56 "CCTV" SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT, S. 4329 5 1 TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM AND PROJECT 2 SUCH DATA ONTO A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING 3 EQUIPMENT AND ANY OTHER SYSTEM THAT ALLOWS THE COLLECTION, VIEWING, 4 TRANSMISSION AND RECORDING OF VIDEO IMAGES; AND IS A CLOSED CIRCUIT IN 5 THAT IT HAS LIMITED ACCESS AND ALL ELEMENTS ARE DIRECTLY CONNECTED AND 6 CONTROLLED BY OPERATORS OF THE SYSTEM. CCTV SYSTEM SHALL NOT INCLUDE: 7 ANY SYSTEM OR NETWORK OF CAMERAS INSTALLED ON A CCTV SYSTEM OPERATOR'S 8 FACILITIES FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES. 9 2. "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE 10 ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS MEDIA SERVICES 11 OR ANY OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE 12 ENTITY. 13 3. "PUBLIC SERVICE ENTITY" SHALL MEAN ANY PUBLIC AGENCY, PUBLIC 14 AUTHORITY, PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY, 15 ACCREDITED ACADEMIC INSTITUTION, OR NOT-FOR-PROFIT PUBLIC SERVICE 16 PROVIDER. 17 4. "INCIDENT" SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC 18 HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN IMPACT ON 19 THE SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO 20 HIGHWAY CONGESTION, AND SHALL INCLUDE A VEHICULAR ACCIDENT, AND ANY 21 VIOLATION OF LAW OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE 22 ATTENTION OF A PEACE OFFICER. 23 5. "PERSONAL IDENTIFIER INFORMATION" SHALL MEAN ANY DATA OR VIDEO 24 REPRESENTATION THAT COULD: 25 (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE; 26 (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE; 27 (C) IDENTIFY THE CONTENTS OF THE ENCLOSED INTERIOR OF A PASSENGER 28 VEHICLE; OR 29 (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE. 30 6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY DEPARTMENT OF STATE GOVERN- 31 MENT THAT OWNS OR OPERATES A CCTV SYSTEM. 32 S 491. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE CAMERAS 33 OF A CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED 34 ON THE HIGHWAY AND FEEDER AND EXIT ROADS FOR WHICH THE SYSTEM IS 35 INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV- 36 ER, SUCH CAMERAS MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO 37 AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE, 38 AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF A 39 PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 40 2. NO CCTV SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON 41 PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON 42 SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT PROHIBIT 43 SUCH MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF 44 A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 45 3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT 46 PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER OF A 47 COURT OF COMPETENT JURISDICTION, AND EXCEPT THAT SUCH DATA MAY BE 48 COLLECTED WITHOUT A COURT ORDER IN A PUBLIC HEALTH DANGER OR SAFETY 49 EMERGENCY SITUATION TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING 50 THE GATHERING OF INFORMATION NECESSARY TO PROVIDE THE APPROPRIATE 51 RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 52 4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE- 53 MENT THE REQUIREMENTS OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN 54 THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN 55 SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE. S. 4329 6 1 S 492. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO. 1. EXCEPT AS 2 PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT RECORD CCTV 3 DATA. IN ALL CASES, RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER 4 THAT PROTECTS THE PRIVACY OF THE PUBLIC. 5 2. A CCTV SYSTEM OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED 6 BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY ESTABLISH A 7 PLAN IN ADVANCE FOR THE RECORDING OF VIDEO IMAGES IN RESPONSE TO A 8 SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO IMPROV- 9 ING SAFETY AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN- 10 NING AND PERFORMANCE INCLUDING: 11 (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM; 12 (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING; 13 (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS; 14 (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR 15 (E) TO COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES, 16 PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI- 17 VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM THE DATA 18 OR OBSCURED BEFORE THE DATA IS STORED AND USED. 19 A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY 20 COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW 21 FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE. 22 3. ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL 23 BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS 24 RESTRICTED ONLY FOR THE PURPOSE THAT IT WAS GATHERED AND UPON THE 25 APPROVAL OF SUPERVISORY LEVEL PERSONNEL. ANY SUCH RECORDINGS SHALL BE 26 RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE OF THE ARCHIVED 27 DATA FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS 28 RETENTION SCHEDULE OR POLICY. 29 S 493. USE AND DISSEMINATION OF CCTV SYSTEM DATA. 1. A CCTV SYSTEM 30 OPERATOR SHALL USE ITS CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION 31 PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES. NOTHING 32 CONTAINED IN THIS SECTION OR ANY OTHER PROVISION OF LAW SHALL BE 33 CONSTRUED AS PROHIBITING A CCTV SYSTEM OPERATOR FROM UTILIZING CCTV 34 SYSTEM DATA IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH 35 THE OPERATOR IS A PARTY. 36 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM DATA THAT 37 CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC 38 AND SHALL NOT BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO 39 ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 40 3. A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISTRIBUTE CCTV 41 SYSTEM DATA THAT DOES NOT CONTAIN PERSONAL IDENTIFIER INFORMATION 42 DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS DIRECTLY OR 43 THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL- 44 ER INFORMATION, PROVIDED THAT ALL SUCH DATA DISSEMINATED FROM CCTV 45 SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH A 46 DELAY OF NOT TO EXCEED FIFTEEN MINUTES. 47 4. (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS 48 CCTV SYSTEM DATA TO OTHER PUBLIC SERVICE ENTITIES TO ACHIEVE COMMON 49 TRANSPORTATION SAFETY AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI- 50 DENTS, PUBLIC HEALTH DANGERS OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA- 51 TOR MAY DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER 52 INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY TO DEAL 53 WITH SUCH INCIDENT, DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL 54 NOT DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER 55 INFORMATION TO PRIVATE ENTITIES. S. 4329 7 1 (B) ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR 2 TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE PURSUANT TO A WRITTEN 3 AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS: 4 (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV 5 SYSTEM DATA THAT IS PROVIDED; 6 (II) THE CCTV SYSTEM OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM 7 DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE; 8 (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE 9 PURPOSES FOR WHICH THE DISSEMINATION IS MADE; 10 (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM DATA TO 11 ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM 12 OPERATOR; 13 (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM DATA THAT 14 CONTAINS PERSONAL IDENTIFIER INFORMATION TO ANY THIRD PARTY UNDER ANY 15 CIRCUMSTANCES; AND 16 (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT 17 AS PROVIDED IN THIS SECTION. 18 (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND A PRIVATE 19 ENTITY FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE 20 FOLLOWING PROVISIONS: 21 (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV SYSTEM DATA 22 TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND 23 (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV 24 SYSTEM OPERATOR MAY, IN ITS SOLE DISCRETION AND SUBJECT TO A POLICY 25 ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY TO 26 RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES 27 AS TRAFFIC REPORTS AIRED BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR 28 HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI- 29 TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF ITS 30 CREATION. 31 S 5. The general municipal law is amended by adding a new article 32 14-B-1 to read as follows: 33 ARTICLE 14-B-1 34 MUNICIPAL CLOSED-CIRCUIT TELEVISION SYSTEM 35 AND SURVEILLANCE PERSONAL PRIVACY ACT 36 SECTION 375. DEFINITIONS. 37 376. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 38 377. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO. 39 378. USE AND DISSEMINATION OF CCTV SYSTEM DATA. 40 S 375. DEFINITIONS. AS USED IN THIS ARTICLE: 41 1. THE TERMS "CLOSED-CIRCUIT TELEVISION SYSTEM," "CCTV SYSTEM," OR 42 "CCTV" SHALL MEAN A VIDEO CAMERA SYSTEM AND/OR NETWORK USED TO COLLECT, 43 TRANSMIT AND MONITOR DATA ELECTRONICALLY VIA A DATA STREAM AND PROJECT 44 SUCH DATA ONTO A VIDEO MONITOR, TELEVISION SCREEN OR OTHER MONITORING 45 EQUIPMENT AND ANY OTHER SYSTEM THAT ALLOWS THE COLLECTION, VIEWING, 46 TRANSMISSION AND RECORDING OF VIDEO IMAGES; AND IS A CLOSED CIRCUIT IN 47 THAT IT HAS LIMITED ACCESS AND ALL ELEMENTS ARE DIRECTLY CONNECTED AND 48 CONTROLLED BY OPERATORS OF THE SYSTEM. CCTV SYSTEM SHALL NOT INCLUDE: 49 ANY SYSTEM THAT PRODUCES ANY IMAGES OR VIDEOTAPE AUTHORIZED PURSUANT TO 50 SECTION ELEVEN HUNDRED ELEVEN-A OF THE VEHICLE AND TRAFFIC LAW AND ANY 51 SYSTEM OR NETWORK OF CAMERAS INSTALLED ON A CCTV SYSTEM OPERATOR'S 52 FACILITIES FOR OTHER THAN TRAFFIC MANAGEMENT PURPOSES. 53 2. "PRIVATE ENTITY" SHALL MEAN A PRIVATE CORPORATION OR OTHER PRIVATE 54 ORGANIZATION, INCLUDING ANY ORGANIZATION PROVIDING NEWS MEDIA SERVICES 55 OR ANY OTHER INFORMATION SERVICE PROVIDER THAT IS NOT A PUBLIC SERVICE 56 ENTITY. S. 4329 8 1 3. "PUBLIC SERVICE ENTITY" SHALL MEAN ANY PUBLIC AGENCY, PUBLIC 2 AUTHORITY, PUBLIC CORPORATION, OTHER GOVERNMENTAL ENTITY, MUNICIPALITY, 3 ACCREDITED ACADEMIC INSTITUTION, OR NOT-FOR-PROFIT PUBLIC SERVICE 4 PROVIDER. 5 4. "INCIDENT" SHALL MEAN AN ACTIVITY THAT OCCURS ON OR NEAR A PUBLIC 6 HIGHWAY, ROADWAY, OR RIGHT-OF-WAY, THAT HAS OR COULD HAVE AN IMPACT ON 7 THE SAFETY OF THE TRAVELING PUBLIC OR THAT COULD CAUSE OR CONTRIBUTE TO 8 HIGHWAY CONGESTION, AND SHALL INCLUDE A VEHICULAR ACCIDENT, AND ANY 9 VIOLATION OF LAW OR SIMILAR SITUATION THAT WOULD NORMALLY INVOLVE THE 10 ATTENTION OF A PEACE OFFICER. 11 5. "PERSONAL IDENTIFIER INFORMATION" SHALL MEAN ANY DATA OR VIDEO 12 REPRESENTATION THAT COULD: 13 (A) IDENTIFY AN INDIVIDUAL DRIVER OR PASSENGER IN OR ON ANY VEHICLE; 14 (B) IDENTIFY ANY LICENSE PLATE OF A VEHICLE; 15 (C) IDENTIFY THE CONTENTS OF THE ENCLOSED INTERIOR OF A PASSENGER 16 VEHICLE; OR 17 (D) SHOW THE INDIVIDUAL TRAVEL PATTERN OF A SPECIFIC VEHICLE. 18 6. "CCTV SYSTEM OPERATOR" SHALL MEAN ANY COUNTY, TOWN, CITY OR VILLAGE 19 THAT OWNS OR OPERATES A CCTV SYSTEM. 20 S 376. OPERATION OF CCTV SYSTEMS; PRIVACY PROTECTIONS. 1. THE CAMERAS 21 OF A CCTV SYSTEM SUBJECT TO THIS ARTICLE SHALL BE CONTINUOUSLY FOCUSED 22 ON THE HIGHWAY AND FEEDER AND EXIT ROADS FOR WHICH THE SYSTEM IS 23 INTENDED TO PROVIDE INFORMATION FOR TRAFFIC MANAGEMENT, PROVIDED, HOWEV- 24 ER, SUCH CAMERAS MAY SHOW ADJACENT LANDS WHERE IT IS NOT PRACTICAL TO 25 AVOID SUCH MONITORING DURING CCTV OPERATION AS PROVIDED IN THIS ARTICLE, 26 AND THIS PROVISION SHALL NOT PROHIBIT SUCH MONITORING IN THE EVENT OF A 27 PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 28 2. NO CCTV SYSTEM OPERATOR SHALL ALLOW THE CAMERAS TO BE FOCUSED ON 29 PRIVATE PROPERTY FOR THE PURPOSE OF MONITORING ANY ACTIVITY OR PERSON ON 30 SUCH PROPERTY, PROVIDED HOWEVER, THAT THIS PROVISION SHALL NOT PROHIBIT 31 SUCH MONITORING TO THE EXTENT THAT IT BECOMES NECESSARY IN THE EVENT OF 32 A PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 33 3. A CCTV SYSTEM OPERATOR SHALL NOT OPERATE ITS CCTV SYSTEM TO COLLECT 34 PERSONAL IDENTIFIER INFORMATION DATA, EXCEPT PURSUANT TO AN ORDER OF A 35 COURT OF COMPETENT JURISDICTION, AND EXCEPT THAT SUCH DATA MAY BE 36 COLLECTED WITHOUT A COURT ORDER IN A PUBLIC HEALTH DANGER OR SAFETY 37 EMERGENCY SITUATION TO PROVIDE FOR THE SAFETY OF THE PUBLIC, INCLUDING 38 THE GATHERING OF INFORMATION NECESSARY TO PROVIDE THE APPROPRIATE 39 RESPONSE TO AN INCIDENT, OR PUBLIC HEALTH DANGER OR SAFETY EMERGENCY. 40 4. A CCTV SYSTEM OPERATOR SHALL ADOPT POLICIES AND PRACTICES TO IMPLE- 41 MENT THE REQUIREMENTS OF THIS ARTICLE. NO PERSON SHALL BE EMPLOYED IN 42 THE OPERATION OF A CCTV SYSTEM UNTIL HE OR SHE SHALL BE FULLY TRAINED IN 43 SUCH POLICIES AND PRACTICES AND THE REQUIREMENTS OF THIS ARTICLE. 44 S 377. RESTRICTIONS ON RECORDING CCTV SYSTEM VIDEO. 1. EXCEPT AS 45 PROVIDED IN THIS SECTION, A CCTV SYSTEM OPERATOR SHALL NOT RECORD CCTV 46 DATA. IN ALL CASES, RECORDING OF CCTV DATA SHALL BE DONE IN A MANNER 47 THAT PROTECTS THE PRIVACY OF THE PUBLIC. 48 2. A CCTV SYSTEM OPERATOR MAY RECORD CCTV DATA EITHER ON A PLANNED 49 BASIS OR ON AN EMERGENCY BASIS. A CCTV SYSTEM OPERATOR MAY ESTABLISH A 50 PLAN IN ADVANCE FOR THE RECORDING OF VIDEO IMAGES IN RESPONSE TO A 51 SPECIFIC NEED WHERE A REVIEW OF SUCH IMAGES WOULD CONTRIBUTE TO IMPROV- 52 ING SAFETY AND/OR FUTURE TRAFFIC OPERATIONS PROCEDURES OR SYSTEM PLAN- 53 NING AND PERFORMANCE INCLUDING: 54 (A) REVIEW OF A TRAFFIC OPERATIONS OR SAFETY PROBLEM; 55 (B) TO PROVIDE FOR FUTURE OPERATIONAL EMPLOYEE TRAINING; 56 (C) FOR RESEARCH THAT WILL IMPROVE FUTURE TECHNOLOGY OR OPERATIONS; S. 4329 9 1 (D) TO DEMONSTRATE OR TEST EQUIPMENT OR SYSTEM FUNCTIONS; OR 2 (E) TO COLLECT DATA FOR TRANSPORTATION PLANNING MANAGEMENT PURPOSES, 3 PROVIDED, HOWEVER, THAT FOR DATA GATHERED IN ACCORDANCE WITH THIS SUBDI- 4 VISION, PERSONAL IDENTIFIER INFORMATION SHALL BE REMOVED FROM THE DATA 5 OR OBSCURED BEFORE THE DATA IS STORED AND USED. 6 A CCTV SYSTEM OPERATOR MAY RECORD RESPONSE ACTIVITIES FOR PARTICULARLY 7 COMPLEX OR EXTENSIVE INCIDENT RESPONSE ACTIVITY FOR POST-INCIDENT REVIEW 8 FOR THE PURPOSE OF IMPROVING OPERATIONAL PROCEDURES AND RESPONSE. 9 3. ANY RECORDING MADE PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL 10 BE RETAINED IN A SPECIFICALLY DESIGNATED AND SECURE LOCATION WITH ACCESS 11 RESTRICTED ONLY FOR THE PURPOSE THAT IT WAS GATHERED AND UPON THE 12 APPROVAL OF SUPERVISORY LEVEL PERSONNEL. ANY SUCH RECORDING SHALL BE 13 RETAINED ONLY FOR THE MINIMUM REQUIRED TIME AFTER USE OF THE ARCHIVED 14 DATA FOR ITS INTENDED PURPOSE IN ACCORDANCE WITH THE APPLICABLE RECORDS 15 RETENTION SCHEDULE OR POLICY. 16 S 378. USE AND DISSEMINATION OF CCTV SYSTEM DATA. 1. A CCTV SYSTEM 17 OPERATOR SHALL USE ITS CCTV SYSTEM DATA PRIMARILY FOR TRANSPORTATION 18 PLANNING, TRAFFIC MANAGEMENT AND TRAVELER INFORMATION PURPOSES. NOTHING 19 CONTAINED IN THIS SECTION OR ANY OTHER PROVISION OF LAW SHALL BE 20 CONSTRUED AS PROHIBITING A CCTV SYSTEM OPERATOR FROM UTILIZING CCTV 21 SYSTEM DATA IN A JUDICIAL OR ADMINISTRATIVE ACTION PROCEEDING TO WHICH 22 THE OPERATOR IS A PARTY. 23 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CCTV SYSTEM DATA THAT 24 CONTAINS PERSONAL IDENTIFIER INFORMATION SHALL NOT BE OPEN TO THE PUBLIC 25 AND SHALL NOT BE SUBJECT TO PUBLIC INSPECTION AND COPYING PURSUANT TO 26 ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 27 3. A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISTRIBUTE CCTV 28 SYSTEM DATA THAT DOES NOT CONTAIN PERSONAL IDENTIFIER INFORMATION 29 DIRECTLY TO THE PUBLIC VIA THE INTERNET OR ANY OTHER MEANS DIRECTLY OR 30 THROUGH PUBLIC OR PRIVATE ENTITIES FOR THE PURPOSES OF PROVIDING TRAVEL- 31 ER INFORMATION, PROVIDED THAT ALL SUCH DATA DISSEMINATED FROM CCTV 32 SYSTEMS SHALL BE TRANSFERRED IN A REAL TIME FEED OR IN DATA FEED WITH A 33 DELAY OF NOT TO EXCEED FIFTEEN MINUTES. 34 4. (A) A CCTV SYSTEM OPERATOR MAY, IN ITS DISCRETION, DISSEMINATE ITS 35 CCTV SYSTEM DATA TO OTHER PUBLIC SERVICE ENTITIES TO ACHIEVE COMMON 36 TRANSPORTATION SAFETY AND MANAGEMENT OBJECTIVES. IN THE EVENT OF INCI- 37 DENTS, PUBLIC HEALTH DANGER OR SAFETY EMERGENCIES, A CCTV SYSTEM OPERA- 38 TOR MAY DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER 39 INFORMATION TO PUBLIC SERVICE ENTITIES TO THE EXTENT NECESSARY TO DEAL 40 WITH SUCH INCIDENT, DANGER OR EMERGENCY. A CCTV SYSTEM OPERATOR SHALL 41 NOT DISSEMINATE CCTV SYSTEM DATA THAT CONTAINS PERSONAL IDENTIFIER 42 INFORMATION TO PRIVATE ENTITIES. 43 (B) ALL DISSEMINATION OF CCTV SYSTEM DATA FROM A CCTV SYSTEM OPERATOR 44 TO A PUBLIC SERVICE OR PRIVATE ENTITY SHALL BE PURSUANT TO A WRITTEN 45 AGREEMENT THAT CONTAINS THE FOLLOWING PROVISIONS: 46 (I) THE CCTV SYSTEM OPERATOR SHALL HAVE COMPLETE CONTROL OVER THE CCTV 47 SYSTEM DATA THAT IS PROVIDED; 48 (II) THE CCTV SYSTEM OPERATOR MAY STOP TRANSMISSION OF CCTV SYSTEM 49 DATA AT ANY TIME WITHOUT PRIOR APPROVAL OR NOTICE; 50 (III) THE RECEIVING ENTITY SHALL UTILIZE CCTV SYSTEM DATA ONLY FOR THE 51 PURPOSES FOR WHICH THE DISSEMINATION IS MADE; 52 (IV) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM DATA TO 53 ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CCTV SYSTEM 54 OPERATOR; S. 4329 10 1 (V) THE RECEIVING ENTITY SHALL NOT DISSEMINATE CCTV SYSTEM DATA THAT 2 CONTAINS PERSONAL IDENTIFIER INFORMATION TO ANY THIRD PARTY UNDER ANY 3 CIRCUMSTANCES; AND 4 (VI) THE RECEIVING ENTITY SHALL NOT RECORD ANY CCTV SYSTEM DATA EXCEPT 5 AS PROVIDED IN THIS SECTION. 6 (C) A WRITTEN AGREEMENT BETWEEN A CCTV SYSTEM OPERATOR AND A PRIVATE 7 ENTITY FOR THE DISSEMINATION OF CCTV SYSTEM DATA SHALL ALSO CONTAIN THE 8 FOLLOWING PROVISIONS: 9 (I) THE PRIVATE ENTITY SHALL NOT ATTEMPT TO UTILIZE CCTV SYSTEM DATA 10 TO OBTAIN ANY PERSONAL IDENTIFIER INFORMATION; AND 11 (II) IF THE PRIVATE ENTITY IS A TELEVISION NEWS ORGANIZATION, THE CCTV 12 SYSTEM OPERATOR MAY, IN ITS SOLE DISCRETION AND SUBJECT TO A POLICY 13 ESTABLISHED BY THE CCTV SYSTEM OPERATOR, ALLOW SUCH A PRIVATE ENTITY TO 14 RECORD CCTV SYSTEM DATA FOR THE SOLE PURPOSE OF BROADCASTING SUCH IMAGES 15 AS TRAFFIC REPORTS AIRED BY SUCH PRIVATE ENTITY WITHIN A TWENTY-FOUR 16 HOUR PERIOD OF CREATING SUCH RECORDING, PROVIDED THAT SUCH PRIVATE ENTI- 17 TY AGREES TO DESTROY ANY SUCH RECORDING WITHIN TWENTY-FOUR HOURS OF ITS 18 CREATION. 19 S 6. This act shall take effect on the sixtieth day after it shall 20 have become a law.