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New York Gov. George Pataki has directed the state Banking Department to adopt an emergency regulation that will require ATM video surveillance tapes to be changed on a regular basis. The regulation will make mandatory several guidelines the Banking Department had issued to state banks last February, including a strict schedule of videotape maintenance and replacement. Under the new rule, an ATM surveillance tape can be used for no more than one day, except on weekends and holidays. The tape must then be retired and not used again until 30 days have passed. No tapes are to be used for longer than one year. The new regulation contains enforcement provisions and calls for fines of up to $2,500 for each offense. The move comes a week after a high-profile case in which a female employee of WNBC-TV was raped in a stairwell just blocks from Rockefeller Center in New York City, then taken to a nearby ATM where her assailant attempted to withdraw cash. The bank camera captured video pictures of the suspect, but police criticized the poor quality of the images. The new regulation builds on the ATM Safety Act of 1996 signed by Gov. Pataki, which required banks to install video surveillance cameras at all ATMs, among other measures. Acting Superintendent of Banks Elizabeth McCaul said, "Using tapes in this method will ensure image quality will be adequate to effectively assist in law enforcement investigations of any crimes committed within an ATM camera's monitoring range. More important, the Department will have the authority to enforce these practices and impose penalties on banks that do not comply." While the regulation currently only applies to bank-owned ATMs, a representative of the Banking Department predicted that it will eventually become a requirement for all ATMs. "We recommend that everyone follow these procedures," the representative said. "It's a matter of public safety." The Banking Department conducts inspections of ATM facilities across the state, examining about 4,000 bank-operated ATM sites a year. The ATM Safety Act of 1996 also required banks to install adequate lighting at all ATMs and card-entry door locks on all indoor terminals. To see a copy of the ATM Safety Act of 1996: Click here For a copy of the Banking Department's Letter on Best Practices for ATM Videotape Usage: Click here
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