Prohibits the use of automatic license plate reader systems or captured plate data by government entities except for certain purposes.
New York Assembly Bill A. 10808 (introduced April 1, 2026, and referred to the Committee on Consumer Affairs and Protection) has not been enacted. If enacted, it would add a new section 397-c to the general business law to regulate automatic license plate reader (ALPR) systems. Government entities, including contractors acting for them, would be barred from using ALPR systems or captured plate data except for listed purposes (subdivision 2). Those purposes are: checking plates against hot lists or manually entered vehicle information in investigations of vehicles tied to an outstanding felony warrant, unregistered or uninsured vehicles, missing persons, stolen vehicles, or felonies in progress; parking facility enforcement; access control for secured areas; electronic toll collection; and enforcement of the vehicle and traffic law. Subdivision 3 would bar selling, sharing, or transferring captured plate data to anyone other than a New York state government entity, with exceptions for federal judicial warrants or orders, certain out-of-state judicial warrants tied to New York felonies, criminal defense counsel, discovery, and FOIL requests. Government use of privately captured plate data would require a probable cause warrant. Subdivision 4 would require deletion of data within 48 hours, with exceptions for evidence-preservation law, pending fines or enforcement matters, defense counsel requests, and certain court orders or warrants. Under subdivision 5, captured plate data would not be a public record under FOIL. Audit, use, and access logs (with vehicle identifiers redacted) and a requester's own vehicle data would remain accessible. Subdivision 6 would require annual public reports on ALPR use and a three-year log of every query or access. Subdivision 7 would exclude captured plate data obtained or used in violation of the section, and evidence derived from it, from proceedings, except when a criminal defendant introduces it. Subdivision 8 would let injured persons sue for actual damages or $1,000 in liquidated damages plus attorney's fees, and would let the attorney general seek declaratory and injunctive relief. Section 2 would amend subdivision 14 of section 2985 of the public authorities law to cover captured plate data in toll-related records. Section 3 is a severability clause. Under section 4, the act would take effect 30 days after becoming law, but subdivision 5 would take effect on the 90th day for captured plate data collected before the effective date.
Status history
Current status as of 2026-04-01
In committee
2026-04-01
observed 2026-10-10
Impact areas
- AI Policy
- Privacy & Data Protection
- Public Sector Use
- Algorithms & Automated Decisions