BILL NUMBER: S4886A
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to prohibiting
the disclosure of individualized fare payment data by the metropolitan
commuter transportation authority and the New York city transit authori-
ty
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide protection and data privacy for individuals using the OMNY
program.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 1266 of the public authorities law to require
that if an entry system requires the purchase of a card, such card shall
be available at all hours, shall not be associated with an individual's
identity, and caps the price of such card. Cards for reduced or free-of-
charge fare are exempt, but the association with an individual's identi-
ty can only be used for the narrow purposes of determining eligibility
or replacing a lost or stolen card.
Section 2 amends the public authorities law to provide privacy and
protection of individuals' fare payment data.
Section 3 amends section 1205 of the public authorities law to require
that if an entry system requires the purchase of a card, such card shall
be available at all hours, shall not be associated with an individual's
identity, and caps the price of such card. Cards for reduced or free-of-
charge fare are exempt, but the association with an individual's identi-
ty can only be used for the narrow purposes of determining eligibility
or replacing a lost or stolen card.
Section 4 sets the effective date.
 
JUSTIFICATION:
Under modern-day surveillance capitalism, interested parties can collect
and monetize online data at an unprecedented scale with little scrutiny
or limitation. Highly accurate location and payment information is valu-
able both commercially and for social control.
Historically, transit has been used to restrict peoples' movements and
limit collective expression. Activist groups like Black Lives Matter
have been blatantly surveilled due to the lack of data privacy laws.
Law enforcement officials can easily obtain location data within transit
areas, undermining the civil rights of activists, protesters, and every-
day people. The misuse of such available data, coupled with a range of
other surveillance tools, can result in the unlawful arrest by law
enforcement, especially towards BIPOC and other marginalized demograph-
ics including undocumented immigrants, day laborers, unhoused individ-
uals, and previously incarcerated individuals.
Although MTA officials have promised to keep rider data secure and safe,
such practices are deficient in several regards. OMNY uses various iden-
tifiers that attach to a mobile device, allowing for user tracking. OMNY
accounts require disclosure of a user's actual name and other personal
information, which makes OMNY cards into valuable trove of sensitive
user data.
Current policy does not require disclosure of which information is being
collected or shared among third party providers. This bill aims to
protect individuals and their private data by regulating how this data
can be shared and requiring transparency around such disclosures.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S6142 Introduced
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S4886: 1266 public authorities law, 1205 public authorities law
S4886A: 1266 public authorities law, 1205 public authorities law