2008 Privacy Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles

December 2008

In 2004, California became the first state to enact legislation (Calif. Vehicle Code § 9951) requiring manufacturers to disclose to customers whether event data recorders or "black boxes" are installed in vehicles.  Black boxes record data such as the speed of a vehicle, safety belt use, and other vehicle safety information.  The law also prohibits download of that data without the owner's permission or a court order.  In a related area, California (Calif. Civil Code § 1936) and New York (New York Gen. Bus. Law § 396-z) have passed laws prohibiting rental car companies from using electronic surveillance or global positioning devices to impose fees, charges or penalties relating to the renter's use of the vehicle.

The National Highway Traffic Safety Administration (NHTSA) issed a rule in August 2006 requiring automakers to tell new car buyers if an event data recorder (EDR) has been installed, beginning with model year 2011 cars.

Summary of State Legislation:  In 2008, legislation was introduced in at least eight states.  Twelve states have enacted laws since 2004.  See 2005 Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles and 2006 Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles for additional information.

INDIANA
H.B. 1324
STATUS:    January 15, 2008; To House Committee on Roads and Transportation.
Requires a person that sells, rents, leases, or otherwise conveys a new motor vehicle equipped with an event data recorder to disclose the presence, model, and capabilities of the event data recorder to the person to whom the motor vehicle is conveyed; provides that a failure to disclose is a deceptive consumer act; prohibits the state and political subdivisions from conducting surveillance using an imaging device, including a global positioning satellite.

KENTUCKY
S.B. 34
STATUS:   January 8, 2008; To Senate    Committee on Transportation.
Defines a motor vehicle event data recorder and motor vehicle owner; requires disclosure that a motor vehicle is equipped with an event data recorder; establishes provisions for retrieval of data recorded by the device; prohibits an insurer or lessor from requiring an owner to release data as part of payment for a claim or as a condition of a lease; establishes a fine of $500 for failure to disclose the presence of the event data recorder or for improper release of information recorded as specified.

MASSACHUSETTS
H.B. 3566
STATUS:   March 31, 2008; From Joint Committee on Transportation: Accompanied Study Order H 4616.
Requires disclosure to consumers of the presence of event data recording devices in new motor vehicles.

H.B. 3660
STATUS:   March 31, 2008; From Joint Committee on Transportation: Accompanied Study Order H 4616.
Regulates the use of recording devices in motor vehicles.

NEW JERSEY
A.B. 1572
STATUS:   January 8, 2008; To Assembly Committee on Consumer Affairs.
Requires motor vehicle manufacturers and subscription services to make disclosures about recording devices; regulates release of recording device data.

NEW YORK
A.B. 6428
STATUS:   March 7, 2007; To Assembly Committee on Codes.
Requires use of event data recorders in motor vehicles to reconstruct accident scenes; requires salesperson to inform purchasers orally and in writing that an event data recorder is on board; makes tampering with, disabling, or removal of such device a misdemeanor; provides for the use of such information in actions or proceedings involving motor vehicle accident or crime scenes.

S.B. 1734
STATUS:   January 25, 2007; To Senate Committee on Transportation.
Provides that motor vehicles manufactured after December 31, 2004 and operated in New York state shall be equipped with an event data recorder.

PENNSYLVANIA
H.B. 487
STATUS:    October 25, 2007; To Senate Committee on Transportation
Provides for notice of motor vehicle event data recorders and for information retrieval. Imposes penalties. Provides for evidentiary rules. Requires disclosure when such recorder is installed as part of a subscription service. Provides that data from a motor vehicle event data recorder that is downloaded, retrieved or used in accordance with this act shall be insufficient to support an adjudication of the cause of a motor vehicle accident unless it is corroborated by other evidence.

WASHINGTON
S.B. 6341
STATUS: March 3, 2008; From House Committee on Transportation: Do pass as amended.
Regulates electronic data recorders in motor vehicles used to capture data for retrieval after a crash.

WEST VIRGINIA
S.B. 75
STATUS:   January 9, 2008; To Senate Committee on Judiciary.
Concerns regulating use of automobile event data recorders.

For additional information, contact Pam Greenberg, NCSL Legislative Information Services, 303-364-7700, ext. 1413, pam.greenberg at ncsl.org.