N.Y. Vehicle & Traffic Law § 1243: Shared bicycle and shared bicycle with electric assist systems; data protection

§ 1243. Shared bicycle and shared bicycle with electric assist

systems; data protection. 1. The governing body of any city, town or

village may, by local law, ordinance, order, rule or regulation,

authorize and regulate shared bicycle systems or shared bicycle with

electric assist systems within such city, town or village. No such

shared systems shall operate within a city, town or village except as

authorized by such local law, ordinance, order, rule or regulation. For

the purposes of this subdivision, the term shared bicycle system or

shared bicycle with electric assist system shall mean a network of

self-service and publicly available bicycles or bicycles with electric

assist in which a bicycle or bicycle with electric assist trip begins

and/or ends on any public highway.

2. Notwithstanding any other provision of law to the contrary, all

trip data, personal information, images, videos, and other recorded

images collected by any shared bicycle system or shared bicycle with

electric assist system which is authorized to operate within a city,

town or village pursuant to this section: (a) shall be for the exclusive

use of such shared bicycle or shared bicycle with electric assist system

and shall not be sold, distributed, or otherwise made available for any

commercial purpose and (b) shall not be disclosed or otherwise made

accessible except (i) to the person who is the subject of such data,

information or record; or (ii) if necessary to comply with a lawful

court order, judicial warrant signed by a judge appointed pursuant to

article III of the United States constitution, or subpoena for

individual data, information or records properly issued pursuant to the

criminal procedure law or the civil practice law and rules. Provided,

however, that nothing contained in this paragraph shall be deemed to

preclude the exchange of such data, information or recorded images

solely for the purpose of administering such authorized shared system.

For the purposes of this subdivision, "personal information" shall mean

information that identifies an individual, including but not limited to

name, address, telephone number, and the type and form of payment

including credit card number, debit card number, or other payment

method.