(a) 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) 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) 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.
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