2006 Privacy Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles
As of October 2006
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: Legislation has been enacted in at least 4 states in 2006: Colorado, Maine, New Hampshire, Virginia, and introduced in at least 20 states in 2006. Ten states have enacted laws since 2004. See also 2005 Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles.
COLORADO
S.B. 224
06/06/06 Signed by Governor, Chapter 329
Sponsors: Traylor, Grossman, and Tupa
Requires motor vehicle manufacturers to disclose that a motor vehicle has an event data recorder. Prohibits retrieval of event data from a motor vehicle except under specific circumstances. Prohibits the release of event data unless released to a motor vehicle safety and medical research entity or data processor in order to advance motor vehicle safety, security, or traffic management.
CONNECTICUT
S.B. 592
05/03/06 Legislature adjourned
Limits disclosure to law enforcement officials of certain "event data recorder" information from passenger motor vehicles without consent or a valid search warrant.
ILLINOIS
S.B. 2558
Sponsor: Silverstein
Provides that no identity document created, mandated, or issued by the State, a unit of local government, or a school district may contain a contactless integrated circuit that can broadcast personal information or enable personal information to be scanned remotely. Exempts the Toll Highway Authority I-Pass system. Provides that a retailer may not offer for sale or sell any article that has a contactless integrated circuit attached to it without notifying the consumer and affording the consumer the opportunity to have the circuit removed at no charge to the consumer.
LOUISIANA
S.B. 341
Sponsor: Cain
Requires disclosure by new car dealers, when the automobile contains an event data recorder; provides that the data in the event data recorder is owned by the owner of the vehicle; to provide for the methods and manner in which data may be used
MAINE
L.D. 1885
04/06/06 Signed by the Governor, Chapter 544
Sponsor: Simpson
An Act to protect drivers' privacy by clarifying ownership of data recorded by motor vehicle data recorders.
MARYLAND
S.B. 201
04/10/06 Legislature adjourned
Sponsors: Jacobs, Forehand, Garagiola, Mooney
Prohibiting data from a vehicle's recording device from being disclosed to a person other than the registered owner of the vehicle except with the consent of the registered owner or the owner's legal representative, on court order, for the purpose of improving motor vehicle safety if specified information is not disclosed, for the purpose of diagnosing, servicing, or repairing the vehicle, or if the data is transmitted in accordance with a service agreement under specified circumstances.
H.B. 990
Prohibits retrieval or disclosure of data stored in recording devices in a motor vehicle under certain circumstances; provides that data retrieved or disclosed contrary to the provisions of the act is not discoverable or admissible as evidence; requires a manufacturer of a new motor vehicle sold or leased in the state to provide a notice concerning recording devices in the owner's manual for the motor vehicle.
MASSACHUSETTS
H.B. 1973
Carried over from 2005
Sponsor: Travis
Relates to motor vehicles equipped with certain recording devices.
H.B. 4707 (Substitute for H.B. 2092)
02/28/06 Passed House
Regulates the use of recording devices in motor vehicles.
MICHIGAN
S.B 902
Sponsor: Stamas
Defines event data recorder. Requires the disclosure of the presence of an event data recorder in vehicles.
S.B. 903
Sponsor: Stamas
Defines the requirements of an event data recorder by an insurer or the use of event data recorder data to determine insurance premiums to be an unfair and deceptive business practice. This bill requires the passage of S.B. 902.
S.B 904
Sponsor: Kuipers
Prevents the use of event data recorder data in criminal trials without a waiver from the operator or a valid search warrant. This bill requires the passage of S.B. 902.
S.B 905
Sponsor: Gilbert
Prevents the use of event data recorder data in civil trials without a waiver from the operator. This bill requires the passage of S.B. 902.
MINNESOTA
H.B. 3013
05/21/06 Legislature adjourned
Sponsor: Smith
Requires disclosure of existence of event recording devices in new motor vehicle.
H.B. 3447 / S.B. 3555
05/21/06 Legislature adjourned
Sponsors: Peppin; Vandeveer; Dean; Sponsor: Belanger
Regulates the use of motor vehicle event data recorders; requires certain disclosures; restricts the use of certain data.
S.B. 3028
05/21/06 Legislature adjourned
Sponsor: Belanger
Regulates the use of event data recorders; requires disclosure to consumers of the presence of event data recorder; prescribes the ownership and restricting use of data recorder by an event data recorder.
MISSISSIPPI
H.B. 119
04/02/06 Legislature adjourned
Sponsor: Blackmon
An Act to provide that a manufacturer of a new motor vehicle manufactured on or after July 1, 2006, that is sold or leased in the state and that is equipped with certain event data recording devices must disclose that fact in the owner’s manual for the vehicle; to prohibit specified data that is recorded on such a device from being downloaded or otherwise retrieved by a person other than the registered owner of the motor vehicle except under specified circumstances; to require a motor vehicle subscription service agreement to disclose that specified information may be recorded or transmitted as part of the subscription service.
NEW HAMPSHIRE
H.B. 599
05/10/06 Signed by Governor, Chapter 95
Sponsors: Ferland, Dickinson, Phinizy, Bicknell, et al.
An act requiring disclosure to consumers of the presence of event data recording devices in new motor vehicles.
H.B. 1738
05/10/06 Signed by Governor, Chapter 107
Spondors: Kurk, Mead
Prohibits the use of surveillance devices to identify motor vehicles. Includes GPS systems and radio frequency identification devices as a possible surveillance devices.
NEW JERSEY
A.B. 293 / S.B. 996
Sponsors: Buono, Burzichelli, Cohen, Stack
An Act concerning disclosures by motor vehicle manufacturers
A.B. 1388
Sponsors: Quigley
An Act requiring ambulances to be equipped with global positioning systems
S.B. 582
Sponsors: Adler, Kyrillos
An Act requiring ambulances to be equipped with global positioning systems
NEW YORK
A.B. 2628 / S.B. 1422
Carried over from 2005
Sponsor: Lafayette, Sabini
Provides that motor vehicles manufactured after December 31, 2006 and operated in New York state shall be equipped with an event data recorder.
A.B. 6093
Carried over from 2005
Sponsor: Benjamin
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.
A.B. 8130
Carried over from 2005
Sponsor: Benjamin
Requires all cars to be sold with electronic data recorders (EDR) by January 1, 2007.
A.B. 10352
Sponsor: Espaillat
Requires livery vehicles to be equipped with global positioning equipment (GPS); provides a penalty for each violation; defines “livery” as: every motor vehicle, other than a taxicab or a bus, used in the business of transporting passengers for compensation; however, it shall not include vehicles which are rented or leased with out a driver.
PENNSYLVANIA
H.B. 1294
01/31/06 Passed House
Sponsors: Harhai, Caltagirone, DeWeese, Grucela, Haluska
Provides for the sale and removal of motor vehicle event data recorders; imposes penalties; and provides for evidentiary rules.
H.B. 2131
Sponsors: McNaughton, Geist, McCall, et al.
Requires manufacturers to disclose information relating to vehicles equipped with event data recorders or sensing and diagnostic modules.
S.B. 1050
Sponsors: Madigan, Wonderling, O’Pake, Erickson, Punt, Stout, Rafferty, Gordner, et al.
Requiring manufacturers to disclose information relating to vehicles equipped with event data recorders or sensing and diagnostic modules.
RHODE ISLAND
H.B. 6815
Sponsors: Winfield, D Caprio, Ucci, and Petrarca
Requiring manufacturers and/or sellers of vehicles to disclose information relating to vehicles equipped with internal recording devices; prohibits insurance companies from obtaining data from the internal recording devices without written permission from the owner of the vehicle.
S.B. 2162
Sponsors: Tassoni, Polisena, Badeau, and Cote
Requiring manufacturers and/or sellers of vehicles to disclose information relating to vehicles equipped with internal recording devices; prohibits insurance companies from obtaining data from the internal recording devices without written permission from the owner of the vehicle.
SOUTH DAKOTA
H.B. 1131
03/21/06 Legislature adjourned
Sponsors: Boomgarden, Broderick, Koskan, Krebs, McCracken, Olson, Pederson, Rounds, Sebert, and Sutton
An Act to regulate an insurer's use of global positioning systems in motor vehicles.
TENNESSEE
H.B. 1303 / S.B. 1850
05/27/06 Legislature adjourned
Carried over from 2005
Sponsor: Coleman / Sponsor: Herron
Regulates event data recorders (EDR) and sensing and diagnostic modules (SDM) in motor vehicles and the use and disclosure of any information stored in or generated by such equipment.
H.B. 1304 / S.B. 1806
05/27/06 Legislature adjourned
Carried over from 2005
Sponsor: Coleman / Sponsor: Herron
Requires notice of recording devices on motor vehicles be given to motor vehicle owners.
H.B. 2502 / S.B. 2454
05/27/06 Legislature adjourned
04/20/06 Passed Senate
Sponsors: Jackson, Shepard
Requires notification to drivers of event recorders placed on motor vehicles.
VIRGINIA
H.B. 816
04/19/06 Enacted, Chapter 851
Sponsor: May
Relating to motor vehicle electronic recording devices; disclosure.
H.B. 890
Carried over to 2007
03/11/06 Legislature adjourned
Sponsor: Gear
Prohibits motor vehicle insurers from including in policies any provision that authorizes the insurer to obtain access to data that is electronically stored in an electronic data recording device in the motor vehicle.
H.B. 2135
03/11/06 Legislature adjourned
Sponsor: Gear, Black, Griffith
Prohibits motor vehicle insurers from including in policies any provision that authorizes the insurer to obtain access to data that is electronically stored in an electronic data recording system in the motor vehicle.
H.B. 2468
03/11/06 Legislature adjourned
Sponsor: May
Requires a manufacturer of a new motor vehicle sold or leased in the Commonwealth that is equipped with one or more recording devices, commonly referred to as "event data recorders” (EDR) or "sensing and diagnostic modules” (SDM), to disclose that fact in the owner's manual for the vehicle. Requires a seller or lessor of a new vehicle to conspicuously disclose the fact prior to sale or lease. Applies to all motor vehicles manufactured for model year 2007 and later.
S.B. 89
04/19/06 Enacted, Chapter 888
Sponsor: Watkins
Requires manufacturers of new motor vehicles equipped with a recording device and sold or leased in the Commonwealth to disclose that fact in the owner's manual for that vehicle.
S.B. 90
04/19/06 Enacted, Chapter 889
Sponsor: Watkins
Makes the vehicle owner the owner of any recorded data stored on a recording device in the vehicle. Vehicle owner may consent or contract with a third party to access recorded data.
WEST VIRGINIA
H.B. 4071
03/11/06 Legislature adjourned
Sponsors: Perdue and Thompson
Relating to regulating the use of automobile event data recorders.
WISCONSIN
A.B. 925
Sponsors: Albers, Friske, Gunderson, Hahn, Krawczyk, Musser, Nass, Petrowski, Schneider, Turner, Wood and Ziegelbauer
Requires a manufacturer of a vehicle to disclose to a buyer that the vehicle is equipped with an event data recorder, places limits on access to the information recorded by the event data recorder, and prohibits insurers from having access to data stored in or retrieved from event data recorders without written authorization which is separate from the insurance policy.
S.B. 507
Sponsors: Grothman, Reynolds and Roessler
Requires a manufacturer of a vehicle to disclose to a buyer that the vehicle is equipped with an event data recorder, places limits on access to the information recorded by the event data recorder, and prohibits insurers from having access to data stored in or retrieved from event data recorders without written authorization which is separate from the insurance policy.
For additional information, contact Pam Greenberg, NCSL Legislative Information Services, 303-364-7700, ext. 1413, pam.greenberg at ncsl.org
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