BILL NUMBER: S5525B
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the executive law and the general business law, in
relation to requiring policies for the use of automatic license plate
reader systems
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require the Department of State to publish a model poli-
cy for the use of automatic license plate readers in non-law enforcement
entities.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 3 of section 94-a of the executive law by
adding a new paragraph 17 providing the definition of "ALPR" or "auto-
matic license plate reader" and requiring the Department of State to
develop, maintain, and disseminate a minimum standards policy governing
the use of automatic license plate reader systems by non-law enforcement
entities.
Section 2 amends the general business law to add a new section
399-zzzzzz to require non-law enforcement entities using ALPR systems to
disclose the minimum standards policy for automatic license plate reader
systems publicly on their website and in their main office. They must
also make it available to the public upon request.
Section 3 provides the effective date.
 
JUSTIFICATION:
Automatic License Plate Reader (ALPR) technology has become an increas-
ingly useful tool for law enforcement agencies for the purpose of aiding
and assisting in catching criminals. However, this technology is also
currently available to any business or individual that seeks to use it.
New Yorkers have always valued privacy and the use of ALPR technology
can infringe upon an innocent citizen's inherent right-to privacy.
According to the American Civil Liberties Union, this technology and
data derived from it can essentially map out the entire life of a
private citizen.
New York currently does not have uniform standards in place governing
the use of ALPRs by non-law enforcement entities. This legislation would
require the Department of State to develop a minimum standards policy
governing the use of automatic license plate reader systems by non-law
enforcement entities.
 
PRIOR LEGISLATIVE HISTORY:
A.8349 of 2021 and 2022, referred to consumer affairs and protection.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.