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A 10808

Relates to automatic license plate reader systems

2025 Regular Session Introduced by Emily Gallagher and 1 co-sponsor

The bill tightly restricts government use of ALPRs, limits data retention/sharing, and requires transparency and oversight to protect privacy.

REFERRED TO CONSUMER AFFAIRS AND PROTECTION
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Bill Summary · A 10808

Summary of Bill A.10808 (2025-2026) – New York

Overview

  • Title: Relates to automatic license plate reader systems
  • Jurisdiction: New York
  • Introduced: April 1, 2026 by Assemblymember Hunter; co-sponsored by Pamela Hunter and Emily Gallagher
  • Purpose: Establish stringent restrictions, privacy protections, data handling rules, and reporting requirements for automatic license plate reader (ALPR) systems used by government entities.

Main Intent

The bill creates a comprehensive regulatory framework governing the use of ALPR systems in New York. It largely prohibits use by government entities except for narrowly defined purposes, imposes strict data retention and transfer limitations, grants privacy protections for the public, and requires transparency and oversight through reporting and FOIL-related provisions.

Key Provisions and Changes

1) Definitions (Section 1)

  • ALPR system: Any system, software, or algorithm converting license plate images into data, including integration with cameras.
  • Captured plate data: Includes location (GPS), date/time, photographs, plate number, and other vehicle characteristics.
  • Government entity: State, departments, agencies, subdivisions, and contractors acting on behalf of a government entity.
  • Hot list: A database of plate numbers used in ongoing investigations, maintained by a government agency and kept current.
  • Privately captured plate data: Data from an ALPR not used by a government entity.
  • Secured area: A restricted-access area.

2) Restrictions on Use (Section 1)

  • General prohibition: Government entities cannot operate or use ALPR systems or captured plate data, except as allowed below.
  • Permitted uses (narrow exceptions):
    • Compare captured data with hot lists or manually entered identifiers to determine relevance to investigations of:
    • Felony arrest warrant or outstanding warrant
    • Unregistered or uninsured vehicle
    • Missing person or whereabouts
    • Stolen vehicle
    • Vehicle used in felony or subsequent offenses (e.g., flight/escape)
    • Parking facility enforcement
    • Access control to secured areas
    • Electronic toll collection
    • Enforcement of Vehicle and Traffic Law

3) Data Transfer (Section 1)

  • Restrictions on sharing: Captured plate data may be transferred only to NY state government entities, with limited exceptions:
    • Federal probable cause warrants or valid federal orders
    • Warrant/orders from another state for listed investigations and NY felony prosecutions
    • To criminal defense counsel
    • In civil/criminal discovery
    • Under FOIL requests (with limits)
  • Private data sharing: Government entities may obtain privately captured data only under a probable cause warrant.

4) Data Retention (Section 1)

  • Retention minimums:
    • Captured plate data must be deleted within 48 hours, unless longer retention is allowed.
  • Conditions for longer retention:
    • Required by state law for evidence preservation
    • Retained until enforcement matter is fully adjudicated or fines paid (if applicable)
    • At defense counsel’s request
    • Under federal or multi-state warrants/orders
    • For NY state-law-compliant investigations involving offenses

5) FOIL Exemption and Public Records (Section 1)

  • General rule: Captured plate data is not a public record under FOIL.
  • Exceptions:
    • ALPR system’s audit/use/access logs and data are public, with redaction of plate numbers and identifying vehicle details.
    • Data relating to a vehicle owned or leased by a FOIL requester may be public only if:
    • Requestor is the owner/lessee, and
    • No outstanding protective orders; requester must provide sworn statement
  • Human-identity focus: Requests pertain to individuals, not non-human entities.

6) Reporting Requirements (Section 1)

  • Annual reporting: Government entities operating ALPR must post an annual report detailing:
    • Camera locations and counts
    • Number of plates scanned per camera
    • Hot list names and maintainers
    • Matches to hot lists and subsequent arrests/prosecutions
    • Instances of matches without subsequent arrests
    • Instances of retention beyond 48 hours and reasons
    • Existing and updated ALPR policies related to privacy
  • Access log record: Maintain a three-year log of every ALPR query/access, including requester, date/time, purpose (with redactions), scope, number of records accessed, and number of distinct plates.
  • Note: Data content itself cannot be retained beyond limits in this section, protecting privacy.

7) Exclusionary Rule (Section 1)

  • Evidence obtained in violation of these provisions cannot be used in NY courts, with limited exceptions:
    • Defendant may introduce admissible evidence if otherwise permissible under law

8) Penalties (Section 1)

  • Civil damages: Those harmed by violations can sue for actual damages or liquidated damages of $1,000, plus attorney’s fees and costs.
  • Attorney General enforcement: AG may file for declaratory and injunctive relief to stop ongoing or future violations.
  • Additional disciplinary actions: Existing sanctions against officials/entities may apply.

9) Public Authorities Law Alignment (Section 2)

  • Adds confidentiality and restricted use of ALPR-related data and toll system account data, especially regarding public access and protection from commercial exploitation.

10) Effective Date (Section 4)

  • General effective date: 30 days after enactment.
  • Specific clause: Captured plate data collected before this act’s effective date follows a 90-day effective trigger for certain provisions.

Who Is Affected

  • Government entities in New York (state and subdivisions) that operate or plan to operate ALPR systems.
  • Law enforcement and investigative agencies using or accessing ALPR data.
  • Individuals and vehicle owners whose license plate data may be captured, retained, or disclosed.
  • Private parties obtaining privately captured plate data (via warrants).
  • Public authorities managing tolls or secured-site access controlled by ALPR data.

Timeline and Procedural Notes

  • Compliance requirements include annual reporting, maintenance of access logs for three years, and adherence to strict retention timelines (48 hours baseline).
  • The act imposes privacy protections and a strong evidentiary exclusion rule to safeguard against improper use.
  • Severability clause preserved; act becomes law 30 days after enactment, with a 90-day phased applicability for pre-enactment data.

Potential Impact

  • Significantly tightens government ALPR use and data handling in New York.
  • Enhances privacy protections for individuals; increases transparency through public reporting and FOIL access reforms.
  • Creates new accountability mechanisms (administrative and civil remedies) for violations.
  • Limits data sharing outside New York state government without warrants or specific exceptions.

Compiled from official sources — confirm details with the bill’s official record.

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