New York agencies would face limits on license plate tracking

New York agencies and anyone acting for them would follow these use limits. Investigative checks would compare scans with federal or New York government watch lists or manually entered vehicle details. Covered cases must involve unregistered, uninsured, or stolen vehicles; missing people; a registered owner's outstanding felony arrest warrant; or a vehicle currently used to commit a felony or to escape afterward. These limits would start 30 days after the bill becomes law.

Agencies would normally delete captured plate data within 48 hours. The deadline would cover plate data obtained by government agencies. Data could remain until a fine or fee is paid or an enforcement case fully ends. State evidence rules, related criminal defense requests, and certain court orders would require longer storage. An order from another state must concern a listed vehicle investigation and an act illegal in New York. These rules would start 30 days after the bill becomes law. Evidence records must be deleted as soon as practical once state rules no longer allow or require keeping them.

Agencies could share plate data outside New York government only through the stated exceptions. Private scans would mean data from systems not used or operated by government, its representatives, or its contractors. Federal judicial warrants or other valid federal court orders could require sharing. Out-of-state warrants must concern a listed vehicle investigation and conduct that is a New York felony, a serious crime. Access to private scans would require a judge's warrant based on probable cause, meaning solid grounds for the search. These rules would start 30 days after the bill becomes law.

Agencies would publish yearly use reports and keep three years of access logs. Plate data would generally stay private, while public audit records would hide individual plates and other vehicle details. Only individuals could request personal vehicle records, covering periods when they owned or leased the vehicle. Personal requests would require swearing that the requester owns the vehicle or leases it out and has no outstanding protection order involving another owner, person leasing it out, or driver. Most rules would start 30 days after the bill becomes law. Public-record rules for data collected before that date would start on day 90.

People injured by violations could sue, and government agencies would face limits on using unlawfully handled data as evidence. The evidence restriction would cover plate data and evidence derived from it in New York proceedings. Awards would cover actual harm, including emotional suffering, or $1,000, plus reasonable lawyer fees and court costs. Criminal defendants could still present evidence allowed by other state rules. The attorney general could seek court orders to stop ongoing or future violations. These rules would start 30 days after the bill becomes law.