§ 1243 — Shared bicycle and shared bicycle with electric assist systems; data protection

New York § 1243

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 34: Operation of Bicycles and Play Devices

Text

§ 1243. Shared bicycle and shared bicycle with electric assist\nsystems; data protection. 1. The governing body of any city, town or\nvillage may, by local law, ordinance, order, rule or regulation,\nauthorize and regulate shared bicycle systems or shared bicycle with\nelectric assist systems within such city, town or village. No such\nshared systems shall operate within a city, town or village except as\nauthorized by such local law, ordinance, order, rule or regulation. For\nthe purposes of this subdivision, the term shared bicycle system or\nshared bicycle with electric assist system shall mean a network of\nself-service and publicly available bicycles or bicycles with electric\nassist in which a bicycle or bicycle with electric assist trip begins\nand/or ends on any public highway.\n 2. Notwithstanding any other provision of law to the contrary, all\ntrip data, personal information, images, videos, and other recorded\nimages collected by any shared bicycle system or shared bicycle with\nelectric assist system which is authorized to operate within a city,\ntown or village pursuant to this section: (a) shall be for the exclusive\nuse of such shared bicycle or shared bicycle with electric assist system\nand shall not be sold, distributed, or otherwise made available for any\ncommercial purpose and (b) shall not be disclosed or otherwise made\naccessible except (i) to the person who is the subject of such data,\ninformation or record; or (ii) if necessary to comply with a lawful\ncourt order, judicial warrant signed by a judge appointed pursuant to\narticle III of the United States constitution, or subpoena for\nindividual data, information or records properly issued pursuant to the\ncriminal procedure law or the civil practice law and rules. Provided,\nhowever, that nothing contained in this paragraph shall be deemed to\npreclude the exchange of such data, information or recorded images\nsolely for the purpose of administering such authorized shared system.\nFor the purposes of this subdivision, "personal information" shall mean\ninformation that identifies an individual, including but not limited to\nname, address, telephone number, and the type and form of payment\nincluding credit card number, debit card number, or other payment\nmethod.\n