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* Editor's note: there are two sections designated as § 26-3004.
a. The owner of a smart access building, or an agent thereof, must provide to tenants a written policy in plain language that describes, at a minimum, the following information if it is not included in the privacy policy described in subdivision b:
1. the data elements to be collected by the smart access system;
2. the names of any entities or third parties the owner will share such data elements with, and the privacy policies of any such entities or third parties;
3. the protocols and safeguards the owner will provide for protecting such data elements;
4. the retention schedule of such data;
5. the protocols the owner will follow to address any suspected or actual unauthorized access to or disclosure of such data elements, including notification of users;
6. guidelines for permanently destroying or anonymizing such data or removing such data from the smart access system; and
7. the process used to add and remove persons who have provided written consent on a temporary basis to the smart access system.
b. The owner of a smart access building, or an agent thereof, shall make available to tenants any written privacy policy of the entity that developed the smart access system utilized in such building, or any written privacy policy of the entity that currently operates the smart access system utilized in such building.
(L.L. 2021/063, 5/30/2021, eff. 7/29/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/063.
* Editor's note: there are two sections designated as § 26-3005.
A smart access system must implement stringent security measures and safeguards to protect the security and data of tenants, guests and other individuals in smart access buildings. Such security measures and safeguards must, at a minimum, include data encryption, the ability of the user to change the password if the system uses a password and firmware that is regularly updated to enable the remediation of any security or vulnerability issues.
(L.L. 2021/063, 5/30/2021, eff. 7/29/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/063.
* Editor's note: there are two sections designated as § 26-3006.
a. A lawful occupant of a dwelling unit, or a group of such occupants, in a smart access building may bring an action alleging an unlawful sale of data in violation of paragraph one of subdivision a of section 26-3003 in any court of competent jurisdiction. If such court finds that a person is in violation of such paragraph for the unlawful sale of data, such court shall, in addition to any other relief such court determines to be appropriate:
1. Award to each such occupant per each unlawful sale of such occupant's data: (i) compensatory damages and, in such court's discretion, punitive damages, or (ii) at the election of each occupant, damages ranging from $200 to $1,000; and
2. Award to such occupants reasonable attorneys' fees and court costs.
b. Nothing in this section shall relieve any such occupant or occupants from any obligation to pay rent or any other charge for which such occupant or occupants are otherwise liable to a person found to be in violation of this chapter. Nothing in this section shall affect any other right or responsibility of an occupant or owner afforded to such person pursuant to a lawful lease.
c. This section does not limit or abrogate any claim or cause of action a person has under common law or by other law or rule. The provisions of this section are in addition to any other remedies that may be provided for under common law or by other law or rule.
(L.L. 2021/063, 5/30/2021, eff. 7/29/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/063.
* Editor's note: there are two sections designated as § 26-3007.
The department of housing preservation and development shall inform tenants and owners about the provisions of this chapter by, at a minimum, including information about this chapter on its website and in the housing information guide for tenants and owners described in section 26-1102.
(L.L. 2021/063, 5/30/2021, eff. 7/29/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/063.