New York SB 40 – Relates to automatic license plate readers (ALPRs)
Relates to automatic license plate readers (ALPRs); sets out when the use of ALPR systems is allowable; the preservation of any plate data obtained; how to obtain disclosure of such data through a court order; mandatory postings of policies and annual reporting requirements; how the data may be used in proceedings, criminal and civil; and places such data in the personal data categoryFull Bill Text
SB 40 is assigned to the Senate Consumer Affairs and Protection Committee, which has not yet set a date for a hearing or vote.
The NMA is opposed to automatic license plate readers (ALPR) but when their use is allowed by statute, certain protections must be put in place. SB 40 meets most of the criteria set by the NMA for ALPR use, among them:
- It is unlawful for any business, individual, partnership, corporation, association, or state/local government non-law enforcement entity to use an ALPR system;
- State or local law enforcement may use an ALPR system but only to compare collected license plate data with specific federal and state enforcement databases and only for flagging specific alleged offenses;
- Captured license plate data shall be destroyed by the ALPR operator if the application for a disclosure order is denied or at the end of 14 days, whichever is later;
- Certain entities authorized to use ALPR systems shall not sell, trade, or exchange captured license plate data for any purpose.