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N.Y. Gen. Bus. Law § 908

Responsibility for equipment

Redline — January 1, 2022 → current.View current text →
Current — January 1, 2023
As of January 1, 2022
* § 908. Data privacy protections. Notwithstanding any other provision\nof the law to the contrary, all trip data, personal information, images,\nvideos, and other recorded images collected by any peer-to-peer car\nsharing program which is authorized to operate pursuant to this article\nshall be for the exclusive use of such peer-to-peer car sharing program\nand shall not be sold, distributed, or otherwise made accessible except:\n 1. to the person who is the subject of such data information or\nrecord, or to enable or facilitate such person's use of the car sharing\nprogram in accordance with the peer-to-peer car sharing agreement;\n 2. to respond to, process, facilitate, adjust, or defend an insurance\nclaim; or\n 3. if necessary to comply with a lawful court order, judicial warrant\nsigned by a judge appointed pursuant to article three of the United\nStates Constitution, or subpoena for individual data, information or\nrecords properly issued pursuant to the criminal procedure law or the\ncivil practice law and rules.\n Provided, however, that nothing contained in this paragraph shall be\ndeemed to preclude the exchange of anonymized trip data, information, or\nrecorded images solely for the purpose of administering such authorized\nshared program, and provided further that aggregated anonymized trip\ndata may be shared with the state or any of its political subdivisions\nfor non-commercial transportation research or traffic management\npurposes. Any such exchanges or sharing shall exclude personal\ninformation, images, videos, and other recorded images collected by any\npeer-to-peer car sharing program. For the purposes of this section,\n"personal information" shall mean information that identifies an\nindividual, including but not limited to name, address, telephone\nnumber, and the type and form of payment including credit card number,\ndebit card number, or other payment method.\n * NB Effective March 22, 2022\n
§ 908. Responsibility for equipment. A peer-to-peer car sharing\nprogram administrator shall have sole responsibility for any equipment,\nsuch as a global positioning system, or GPS, or other special equipment\nwhich is put in or on such shared vehicle to monitor or facilitate the\npeer-to-peer car sharing transaction, and shall agree to indemnify and\nhold harmless the shared vehicle owner for any damage to or theft of\nsuch equipment during the peer-to-peer car sharing period not caused by\nsuch shared vehicle owner. There shall be a rebuttable presumption that\ndamage claimed during the peer-to-peer car sharing period was not caused\nby the shared vehicle owner. The peer-to-peer car sharing program\nadministrator shall have the right to seek indemnity from the shared\nvehicle driver for any loss or damage to such equipment that shall occur\nduring the peer-to-peer car sharing period.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.