US 2007 Privacy Legislation Related to Event Data Recorders (“Black Boxes”) in Vehicles Resources in United States
US 2007 Privacy Legislation Related to Event Data Recorders (“Black Boxes”) in Vehicles Resources
Year-end Summary
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 2007, legislation was enacted in two states, Connecticut and Oregon. 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.
CONNECTICUT
S.B. 974
STATUS: Signed by Governor, July 11, 2007; Public Act No. 235
Limits law enforcement access to recorded information in black box event data recorders in motor vehicles; limits disclosure of certain event data recorder information from passenger motor vehicles.
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: January 10, 2007; To JOINT Committee on Transportation.
Requires disclosure to consumers of the presence of event data recording devices in new motor vehicles..
H.B. 3660
STATUS: January 10, 2007; To JOINT Committee on Transportation.
Regulates the use of recording devices in motor vehicles.
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.
OREGON
H.B. 2568
STATUS: Signed by Governor, June 6, 2007; Chaptered. Chapter No. 644
Requires the seller of a new motor vehicle to give the purchaser written notice disclosing the presence and function of a motor vehicle event data recorder; provides that data on a motor vehicle event data recorder is exclusively owned by the owner of the vehicle; allows retrieval and use of data from an event data recorder without consent of the owner for specified purposes, including an investigation of an accident and determination of the need for emergency medical treatment following an accident.
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.