New York agencies would face limits on plate scanning and sharing

Government bodies could use plate readers and their data only for the listed purposes. The rules would cover New York state and local bodies and people working for them. Investigative use would involve comparing scans with watchlists or manually entered vehicle details. These investigations must concern a registered owner with an outstanding felony arrest warrant, an unregistered or uninsured vehicle, a missing person, a stolen vehicle, or a vehicle currently used in a felony or escape afterward. These rules would start 30 days after the bill becomes law.

Agencies would need a warrant based on probable cause to obtain or use plate data gathered outside government work. Records prepared under the public-authority toll law would be for the authority's duties only, closed to public requests, and usable in court only in liability cases under that law. The federal sharing exception would apply only when a federal probable-cause warrant or valid federal court order requires disclosure. An out-of-state probable-cause warrant must require disclosure, concern a listed vehicle investigation, and involve conduct that is a felony in New York. Other sharing exceptions would cover defense lawyers in the relevant case, court discovery, and permitted public-record requests. These rules would start 30 days after the bill becomes law.

Agencies would delete plate data within 48 hours unless an exception applies. The deadline would cover plate data obtained by government bodies. Longer storage would apply to lawfully captured data under evidence rules, relevant criminal defense requests, or qualifying court orders. Evidence would be deleted as soon as practical once keeping it is no longer allowed or required. Data could stay until a fine or fee is paid or an enforcement case is finally decided. Out-of-state orders must involve a listed vehicle investigation and conduct illegal in New York. These rules would start 30 days after the bill becomes law.

Agencies using plate readers would publish annual reports and keep three years of access records. Requests would cover periods when the person owned or leased the vehicle. Records prepared under the public-authority toll law would not be open to public requests. Only individuals could use the personal-record exception. Requesters must swear they own or lease out the vehicle and have no outstanding protection order involving other owners, people leasing it out, or drivers. Most rules would start 30 days after enactment. Public-record rules for data collected before that date would start 90 days after enactment.

Injured people could seek actual damages or $1,000, plus reasonable lawyer fees and court costs. The evidence ban would cover New York state and local proceedings. The attorney general could ask courts to stop ongoing or future violations. A lawsuit would require harm to someone's business, person, or reputation. Criminal defendants could offer the plate data or related evidence if other evidence rules allow it. These rules would start 30 days after the bill becomes law.