BILL NUMBER: S5034
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to privacy of elec-
tronic fare and toll records
 
PURPOSE:
Establishes reasonable, uniform provisions for maintaining the confiden-
tiality 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 1 of this bill is a statement of legislative intent.
Section 2 adds a new section 50-h 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 described in a search warrant or in
response to a subpoena duces tecum where such search warrant or subpoena
duces tecum states that there is reasonable cause to believe such infor-
mation constitutes evidence of, or demonstrates that, a misdemeanor or
felony offense was committed. This information can also be used in a
civil action or proceeding 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 3 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:
S.3271A of 2023-2024: Amend and Recommit to Codes; Print Number 3271A.
S. 2784 of 2021-22: Referred to Codes, Passed Assembly;
S. 6287 of 2020: Referred to Codes, Passed Assembly;
A. 0694 of 2019: Advanced to Third Reading Cal. 473;
A. 5975-A of 2017-18: Reported to Rules;
A. 1942 of 2011: Passed Assembly;
A. 0852 of 2001-02: Passed Assembly
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect Immediately.