2009-18 Privacy Legislation Related to Event Data Recorders ("Black Boxes") in Vehicles

As of Nov. 12, 2019

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.

See also: State statutes and legislation by year: 2018 | 2017 | 2016 | 2015 2014 | 2013 | 2009-2012 | 2008, 2007, 2006 and 2005 

2019 Legislation

MASSACHUSETTS
H.B. 3672
Status: Pending
After a crash event involving an autonomous vehicle that is being operated or tested on a public way, no person shall knowingly destroy, corrupt, alter or delete data on the autonomous vehicle’s event data recorder, or knowingly destroy or impair the autonomous vehicle’s event data recorder, until a sufficient amount of time has passed to allow law enforcement a reasonable opportunity to obtain a search warrant for the purpose of obtaining evidence relating to the crash event.

NEW JERSEY
S.B. 573
Status: Pending
Requires disclosure of data recording devices in motor vehicles, limits access to recorded data.

State Net logo

 

LexisNexis Terms and Conditions

2018 Legislation

MINNESOTA
H.B. 1199
Status: Failed--adjourned
Relates to privacy, establishes standards for use of data collected by an event data recorder, provides penalties.

S.B. 1528
Status: Failed--adjourned
Relates to privacy, establishes standards for use of data collected by an event data recorder, provides penalties.

NEW JERSEY
S.B. 460
Status: Failed-adjourned
Requires disclosure of data recording devices in motor vehicles, limits access to recorded data.

S.B. 573
Status: Pending
Requires disclosure of data recording devices in motor vehicles, limits access to recorded data.

NEW YORK
A.B. 5435
Status: Failed--adjourned
Amends the Insurance Law, requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments and collision coverage with respect to automobiles equipped with an automotive safety monitoring device for parental monitoring of certain drivers.

S.B. 392
Status: Failed--adjourned
Amends the Insurance Law, requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments and collision coverage with respect to automobiles equipped with an automotive safety monitoring device for parental monitoring of drivers under the age of 22.

SOUTH CAROLINA
H.B. 3527
Status: Failed--adjourned.
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.

WISCONSIN
A.B. 254
Status: Failed
Relates to motor vehicle data recorders, provides a penalty.

S.B. 196
Status: Failed
Relates to motor vehicle data recorders, provides a penalty.

State Net logo

 

LexisNexis Terms and Conditions

2017 Legislation

MINNESOTA
H.B. 1199
Status: Pending - Carryover
Relates to privacy, establishes standards for use of data collected by an event data recorder, provides penalties.

S.B. 1528
Status: Pending - Carryover
Relates to privacy, establishes standards for use of data collected by an event data recorder, provides penalties.

NORTH DAKOTA
H.B. 1394
Status: Failed
Relates to autonomous vehicle data ownership, provides that the owner of an autonomous vehicle owns any data or information stored or gathered by the use of the autonomous vehicle, provides that a manufacturer, insurer, or seller of autonomous vehicles and technology may share, release, or distribute nonidentifying aggregate vehicle data collected and stored by the autonomous vehicle by consent of the owner or an order of the court.

NEW JERSEY
S.B. 460
Status: Failed
Requires disclosure of data recording devices in motor vehicles, limits access to recorded data.

NEW YORK
A.B. 5435
Status: Pending
Amends the Insurance Law, requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments and collision coverage with respect to automobiles equipped with an automotive safety monitoring device for parental monitoring of certain drivers.

S.B. 392
Status: Pending
Amends the Insurance Law, requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments and collision coverage with respect to automobiles equipped with an automotive safety monitoring device for parental monitoring of drivers under the age of 22.

SOUTH CAROLINA
H.B. 352
Status: Pending - Carryover
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.

WISCONSIN
A.B. 254
Status: Pending
Relates to motor vehicle data recorders, provides a penalty.

S.B. 196
Status: Pending
Relates to motor vehicle data recorders, provides a penalty.

State Net logo

 

LexisNexis Terms and Conditions

 

2016 Legislation

MARYLAND
H.B. 1356
STATUS: Failed
Establishes that an event data recorder in specified motor vehicles and any data recorded are the property of the motor vehicel owner; prohibits a person other than the owner of the motor vehicle from retrieving data from a vehicle event data recorder, subject to specified exceptions; prohibits a motor vehicle lessor from requiring the lessee to consent to the retrieval or use of data on an event 
data recorder as a condition of the lease; defines event data recorder. 

MINNESOTA
H.B. 717
STATUS: Failed
Relates to privacy; establishes standards for use of data collected by an event data recorder; provides penalties.

S.B. 1094
STATUS: Failed
Relates to privacy; establishes standards for use of data collected by an event data recorder; provides penalties.

NEW JERSEY
S.B. 460
STATUS: Pending

Requires disclosure of data recording devices in motor vehicles; limits access to recorded data.

PENNSYLVANIA
H.B. 710
STATUS: Failed
Provides for notice of motor vehicle event data recorders and for information retrieval; imposes penalties; provides for evidentiary rules.

S.B. 728
STATUS: Failed
Provides for notice of motor vehicle event data recorders and for information retrieval; imposes penalties; provides for evidentiary rules.

SOUTH CAROLINA
H.B. 3361
STATUS: Failed
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; restricts the use of certain data obtained by a recording device.

WISCONSIN
A.B. 838
STATUS: Failed
Relates to motor vehicle event data recorders; related to prohibited insurance practices related to accessing or using information collected by event data recorders; provides a penalty.

S.B. 697
STATUS: Failed
Relates to motor vehicle event data recorders; related to prohibited insurance practices related to accessing or using information collected by event data recorders; provides a penalty.

State Net logo

 

LexisNexis Terms and Conditions

 

2015 Legislation

GEORGIA
H.B. 67
STATUS: Failed--adjourned
Relates to equipment of motor vehicles and traffic; regulates the use and distribution of motor vehicle event data; provides a short title; provides for definitions; provides for penalties; provides for related matters; repeals conflicting laws

LOUISIANA
H.B. 787
STATUS: Failed 
Provides for the ownership, disclosure, dissemination, retrieval, and retention of data located on recording devices in motor vehicles; requires a manufacturer of a new motor vehicle that is sold or leased in this state and that is equipped with a recording device to disclose that fact in the owner's manual of the vehicle; requires disclosure in the product manual the type of information the recording device may record and whether the device has the ability to transmit the data.

MINNESOTA
H.B. 717
STATUS: March 12, 2015; Pending--Carryover
Relates to privacy; establishes standards for use of data collected by an event data recorder; provides penalties.

S.B. 1094
STATUS: Feb. 23, 2015; Pending--Carryover
Relates to privacy; establishes standards for use of data collected by an event data recorder; provides penalties.

MONTANA
H.B. 345
STATUS: March 6, 2015; In Senate Committee on Judiciary: Failed to pass, remains in committee.
Regards event data recorders; requires auto manufacturers to disclose to consumers that a new vehicle is equipped with an event data recorder; limiting retrieval of data; requires subscription services to disclose that crash-related data may be recorded or transmitted; provides a delayed effective date.

S.B. 209
STATUS: April 23, 2015; Chaptered. Chapter No. 272
Regulates the use of vehicle event data recorders; clarifies ownership of vehicle event data and the ownership of vehicle data upon transfer of a vehicle; authorizes a court to order production of vehicle data with a search warrant; provides for the release of vehicle event data in certain cases.

NEW HAMPSHIRE
H.B. 1324
STATUS: March 25, 2014; Failed to pass House.
Modifies the regulation of event data recorders; 14- 2470 05/03

NEW JERSEY
S.B. 2433
STATUS: March 16, 2015; Substituted by A3579.
Limits access to data recorded by motor vehicle recording devices, such as event data recorders; provides no person, except the owner of the vehicle that contains the device, or the owner's representative, may retrieve, obtain, or use data recorded, stored, or transmitted from the recording device; provides exceptions; prohibits the alteration or deletion of data from the device or destruction of a device after a crash resulting in injury or death for a specified period; provide violation civil penalties.

A.B. 3579
STATUS: May 11, 2015; Signed by Governor, Chapter 60 
Limits access to data recorded by motor vehicle recording devices.

PENNSYLVANIA
H.B. 710
STATUS: Pending
Provides for notice of motor vehicle event data recorders and for information retrieval; imposes penalties; provides for evidentiary rules.

S.B. 728
STATUS: Pending
Provides for notice of motor vehicle event data recorders and for information retrieval; imposes penalties; provides for evidentiary rules.

H.B. 3361
STATUS: Failed
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; restricts the use of certain data obtained by a recording device.

SOUTH CAROLINA
H.B. 3361
STATUS: Pending
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; restricts the use of certain data obtained by a recording device.

State Net logo

 

LexisNexis Terms and Conditions

2014 Legislation

KENTUCKY
S.B. 183
STATUS: March 6, 2014; To Senate Committee on Transportation.
Relates to motor vehicles sales; creates new sections of KRS Chapter 190 to define 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.

MINNESOTA
H.B. 2017
STATUS: March 3, 2014; Rereferred to House Committee on Public Safety Finance and Policy.
Relates to privacy; establishes standards for use of data collected by an event data recorder.

S.B. 2038
STATUS: Feb. 27, 2014; To Senate Committee on Judiciary.
Relates to privacy; establishes standards for use of data collected by an event data recorder; provides penalties.

MISSOURI
H.B. 1332
STATUS: Feb. 6, 2014; Public Hearing completed.
Prohibits the unauthorized release of data collected by automobile event data recorders, unless there is a valid search warrant.

H.B. 1332
STATUS: Feb. 6, 2014; Public Hearing completed.
Prohibits the unauthorized release of data collected by automobile event data recorders, unless there is a valid search warrant.

S.B. 762
STATUS: April 1, 2014; From Senate Committee on Transportation and Infrastructure: Reported do pass as substituted.
Limits the release of data collected by automobile event data recorders.

TENNESSEE
H.B. 1749
STATUS: Jan. 23, 2014; In House Committee on Civil Justice: Referred to Subcommittee on Civil Justice.
Relates to Privacy; relates to Confidentiality; enacts the Motor Vehicle Event Data Recorder Act making the event data from a vehicle's event data recorder the personal information of the vehicle's owner except under certain circumstances.

S.B. 2241
STATUS: March 5, 2014; In Senate Committee on Judiciary: Referred to General Subcommittee.
Relates to Privacy; relates to Confidentiality; enacts the Motor Vehicle Event Data Recorder Act making the event data from a vehicle's event data recorder the personal information of the vehicle's owner except under certain circumstances.

2013 Legislation

MASSACHUSETTS
S.B. 420
STATUS: Sept. 6, 2013, Hearing scheduled for 06/20/2013 
Relates to the setting of rates for automobile insurance policies. Provides that motor vehicle insurance premium charges shall be determined solely by application of any combination of factors which primarily are user-controllable and are directly related to the operation of a motor vehicle, including the use of telematics (e.g., so-called “black boxes” that record a driver’s operation of the vehicle).

MINNESOTA
H.B. 723
STATUS: Feb. 20, 2013; To House Committee on Civil Law.
Relates to privacy; establishes standards for use of data collected by an event data recorder.
 
S.B. 906
STATUS: Feb. 28, 2013; To Senate Committee on Judiciary.
Relates to privacy; establishes standards for use of data collected by an event data recorder; provides penalties.
 
NEW YORK
A.B. 803
STATUS: Jan. 9, 2013; To Assembly Committee on Insurance.
Permits non-commercial private passenger car insurance to provide for an actuarially appropriate reduction in premium for cars with automotive monitoring devices.
 
S.B. 2001
STATUS: Jan. 9, 2013; To Senate Committee on Insurance
Amends the Insurance Law; requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments and collision coverage with respect to automobiles equipped with an automotive safety monitoring device for parental monitoring of drivers under the age of 22.
 
S.B. 3460
STATUS: Feb. 4, 2013; To Senate Committee on Transportation.
Enacts the Livery and Taxi Safety Act; provides for a personal income and business franchise black box tax credit; authorizes a reduction in certain insurance premiums for insureds who have installed a black box.
 
PENNSYLVANIA
H.B. 879
STATUS: March 11, 2013; To House Committee on Transportation.
Provides for notice of motor vehicle event data recorders and for information retrieval; imposes penalties; provides for evidentiary rules.
 
S.B. 678
STATUS: March 15, 2013; To Senate Committee on Transportation.
Provides for notice of motor vehicle event data recorders and for information retrieval; imposes penalties; provides for evidentiary rules.
 
SOUTH CAROLINA
H.B. 3318
STATUS: Jan. 15, 2013; 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 obtained.
 
UTAH
H.B. 127
STATUS: April 26, 2013; Chaptered. Chapter No. 189
Relates to event data recorders in motor vehicles; provides event data recorded on an event data recorder is the personal information of the owner; requires disclosure of such recorder in the subscription service agreement and may be retrieved by the service provider; provides the recorder does not become the property of an insurer following an accident; provides the recorder is not become the property of a new owner just because of new ownership; prohibits information retrieval by an insurer or lessor.

2009 - 2012 Legislation

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.