N.Y. General Business Law 907 – Data privacy protections
§ 907. Data privacy protections. Notwithstanding any other provision of the law to the contrary, all trip data, personal information, images, videos, and other recorded images collected by any peer-to-peer car sharing program administrator that is authorized to operate pursuant to this article shall be for the exclusive use of such peer-to-peer car sharing program and shall not be sold, distributed, or otherwise made accessible except:
Terms Used In N.Y. General Business Law 907
- administrator: shall mean the corporation, partnership, firm, institution, sole proprietorship or other entity or person that is responsible for operating, facilitating or administering the means, digital or otherwise, by which a business platform facilitates a peer-to-peer car sharing program for financial consideration, but shall not include a person or entity engaged in the business of renting or leasing rental vehicles to be operated upon the public highways for carrying passengers or non-profit or charitable organizations that facilitate peer-to-peer car sharing in exchange for payment of a fee or for financial consideration. See N.Y. General Business Law 900
- agreement: shall mean the terms and conditions that govern the use of a shared vehicle through a peer-to-peer car sharing program. See N.Y. General Business Law 900
- Peer-to-peer car sharing: shall mean the authorized use of a shared vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See N.Y. General Business Law 900
- program: means a program that facilitates the use or operation of a shared vehicle by a shared vehicle driver. See N.Y. General Business Law 900
- Subpoena: A command to a witness to appear and give testimony.
1. to the person who is the subject of such data information or record, or to enable or facilitate such person's use of the car sharing program in accordance with the peer-to-peer car sharing agreement;
2. to respond to, process, facilitate, adjust, or defend an insurance claim; or
3. if necessary to comply with a lawful court order, judicial warrant signed by a judge appointed pursuant to Article 3 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 anonymized trip data, information, or recorded images solely for the purpose of administering such authorized car sharing program, and provided further that aggregated anonymized trip data may be shared with this state or any of its political subdivisions for non-commercial transportation research or traffic management purposes. Any such exchanges or sharing shall exclude personal information, images, videos, and other recorded images collected by any peer-to-peer car sharing program administrator. For the purposes of this section, "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.