2008 Privacy Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles
As of July 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 11 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.
MAINE
L.R. 2850
STATUS: October 25, 2007; REJECTED by Legislative Council
Allows law enforcement agencies to use devices that record a vehicle's speed and license plate number in order to reduce speeding.
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..
RHODE ISLAND
H.B. 5567
STATUS: May 9, 2007; Passed House. *****To Senate
Would require manufacturers and sellers of vehicles to disclose the existence of an internal recording device, that records aspects of the vehicle's operation. This act would also require insurance companies to obtain the vehicle owner's written permission prior to obtaining the recording device and accessing the recorded information. This act would take effect upon passage.
SOUTH CAROLINA
H.B. 3523
STATUS: February 14, 2007; To House Committee on Labor, Commerce and Industry
Provides that a manufacturer of a new motor vehicle that is sold or leased 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.
WASHINGTON
S.B. 6341
STATUS: March 13, 2008; By resolution, returned to Senate Rules Committee for third reading.
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.
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