§ 1-402.1. Video cameras in automated teller machines

   (a) Applicability of section. -- This section does not apply to an automated teller machine that is:

   (1) Located inside a building unless:

      (i) The building is a freestanding installation that exists solely to provide an enclosure for the automated teller machine; or

      (ii) A user of the automated teller machine is able to conduct a transaction from outside the building; or

   (2) Operated by a financial institution, unless the automated teller machine is located at or within or attached to premises owned by or under the control of the financial institution.

(b) In general. -- Each operator of an automated teller machine subject to this section shall:

   (1) Install and maintain a video camera that views and records an image of a user as the user performs a transaction at the automated teller machine; and

   (2) Preserve the recordings made by the video camera for at least 45 calendar days.

(c) No violation for malfunction. -- An operator of an automated teller machine subject to this section is not in violation of this section if a video camera required under subsection (b) of this section malfunctions due to a reason not within the operator's control.

HISTORY: 2011, ch. 609.