2009-12 Privacy Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles

As of Dec. 10, 2012

Event data recorders (EDRs) capture information, such as the speed of a vehicle and the use of a safety belt, in the event of a collision to help understand how the vehicle’s systems performed. Many manufacturers install these devices in new vehicles. The National Highway Traffic Safety Administration (NHTSA) issued a rule in August 2006, requiring automakers to tell new car buyers if an event data recorder (EDR) was installed, beginning with model year 2011 cars.

Some vehicle owners subscribe to services that provide directions or emergency assistance through recording devices that transmit information about the vehicle back to the service provider. 

Six states considered legislation on these devices in 2009 and 2010, but only Washington enacted a law.  See also 2008, 2007, 2006 and 2005 for previous privacy legislation related to event data recorders ("black boxes") in vehicles.

MASSACHUSETTS
2011 H.B. 1816
STATUS: June 14, 2011, In Joint Committee on Transportation: Heard. Eligible for Executive Session.
Relates to regulating the use of recording devices in motor vehicles for the purpose of retrieving data after an accident; defines terms; imposes duties on manufacturers and dealers; specifies ownership and permitted use of and access to data; prohibits an insurer or lessor of a motor vehicle from providing written permission for the access or retrieval of information from a motor vehicle event data recorder as a condition of the policy or lease.

2010 H.B. 3348
STATUS: Did not pass.
Regulates the use of recording devices in motor vehicles.

MISSOURI
2010 H.B. 1558
STATUS: Did not pass.
Requires a car rental company to alert a renter of a vehicle or motorcycle of the use of electronic surveillance technology for the purpose of tracking the renter and imposing fines or surcharges.

NEW YORK
2011 A.B. 1870
STATUS: January 12, 2011, To Assembly Committee on Transportation
Provides that motor vehicles manufactured after December 31, 2011 and operated in New York state shall be equipped with an event data recorder.

2009 A.B. 690
STATUS: Did not pass.
Requires that motor vehicles manufactured after Dec. 31, 2004 and operated in New York be equipped with an event data recorder.

2009 A.B. 3059
STATUS: Feb. 6, 2009; enacting clause stricken.
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 these devices a misdemeanor; allows the use of this information in actions or proceedings involving motor vehicle crashes or crime scenes.

PENNSYLVANIA
2011  H.B. 1534
STATUS: May 11, 2011, To House Committee on Transportation.
Provides for notice of motor vehicle event data recorders and for information retrieval; requires disclosures by the manufacturer or a new motor vehicle; imposes penalties; provides for evidentiary rules in any civil, criminal or administrative action.

2009 H.B. 1112
STATUS: Did not pass.
Requires buyers to be notified of motor vehicle event data recorders and their uses. Imposes penalties. Provides forevidentiary rules. Provides that if a motor vehicle event recorder is installed as part of a subscription service, the subscription service agreement must disclose that the device may record or transmit information to be used in legal proceedings.

2010 S.B. 1412
STATUS: Did not pass.
Requires buyers to be notified of motor vehicle event data recorders and their uses. Imposes penalties. Provides for evidentiary rules. Provides that if a motor vehicle event recorder is installed as part of a subscription service, the subscription service agreement must disclose that the device may record or transmit information to be used in legal proceedings.

SOUTH CAROLINA
2011 H.B. 3541
STATUS: February 2, 2011; To House Committee on Labor, Commerce and Industry
Provides that a manufacturer of a new motor vehicle that is sold or leased in this state which is equipped with an event data recorder or a sensing and diagnostic module shall disclose this information in the motor vehicle's owner's manual and on its window sticker; provides that a company that rents a motor vehicle that is equipped with this device must disclose its existence in the company's rental agreement; provides a definition for the term recording device; restricts the use of certain data.

2009 H.B. 3081
STATUS: Did not pass.
Requires manufacturers of new motor vehicles equipped with event data recorders or a sensing and diagnostic module that are sold or leased in the state to disclose this information in the motor vehicle's owner's manual and on its window sticker.

WASHINGTON
2010 H.B. 1500
STATUS: Did not pass.
Requires a manufacturer of a motor vehicle sold or leased in this state, that is equipped with one or more recording devices, to disclose that information in the owner's manual, including the type of data recorded and whether the recording devices have the ability to transmit information to a central communications system or other external device.

2009 S.B. 5574
STATUS: May 14, 2009; Chapter No. 485
Requires a manufacturer of a motor vehicle equipped with a recording devices to disclose in the owner's manual that the vehicle is equipped with such a device; requires disclosure of the type of data recorded and whether the device has the ability to transmit information to another device; prohibits the unlawful disclosure of information recorded by such devices; requires that manufacturers make commercially available tools to access information on such devices.