Section 1017.78. Use of captured images


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  • (a) Purpose. The purpose of a safety camera system is to discourage bad acts in taxicabs in furtherance of protecting the health and safety of taxicab drivers and the public.

    (b) Prohibitions. Images from a safety cameras system shall be maintained in the strictest of confidentiality and may not be duplicated, released or disclosed except as provided in subsections (e) and (f).

    (c) Local storage device.

    (1) Data storage devices secured in a taxicab as provided in § 1017.74(g) (relating to safety camera requirements) must be configured to overwrite recorded images at intervals not to exceed 60 days. Only the Enforcement Department may access images stored on the data storage devices.

    (2) The Authority will access images on the data storage devices secured in a taxicab only in the following circumstances:

    (i) Upon direction of a court of law.

    (ii) Upon direction of a law enforcement agency.

    (iii) In furtherance of an existing administrative investigation when authorized in writing by the manager of enforcement or trial counsel.

    (d) Maintenance of captured images. Images from a safety camera system in the possession of the Authority will be maintained and secured by the Enforcement Department in password protected files.

    (e) Deletion of captured images.

    (1) The Enforcement Department will delete safety camera system images on the 31st day after receipt, unless one or more of the following applies:

    (i) The image contains evidence of criminal activity.

    (ii) The image contains evidence related to a regulatory investigation or complaint.

    (iii) A law enforcement agency has requested, in writing, that the image be retained.

    (2) The Enforcement Department will maintain a log of the images excluded from deletion as provided in paragraph (1), including reference to matters necessitating retention and the date each image is ultimately deleted.

    (3) Except as provided in paragraph (4), the images excluded from deletion as provided in paragraph (1) will be deleted within 1 year of the final disposition of the related administrative or criminal proceeding.

    (4) Images retained by the Authority for use as evidence in a proceeding that results in a criminal conviction or finding of administrative liability will be deleted within 5 years of the final disposition of the related proceeding. The Enforcement Department may petition a presiding officer in the Adjudication Department for authorization to extend this retention period, for an identified period, upon good cause shown and notice to the person convicted or found liable in an administrative proceeding.

    (f) Release of captured images. The Authority will release safety camera system images to a law enforcement agency upon written request.

    (g) System testing. This section may not be interpreted to preclude the recovery and storage of images by the Authority as provided in § 1017.71(b) (relating to taxicab safety cameras).

The provisions of this § 1017.78 adopted November 13, 2015, effective November 14, 2015, 45 Pa.B. 6596.