S. 1925 — Reported in Senate

II Calendar No. 563 113th CONGRESS 2d Session S. 1925 [Report No. 113–255] IN THE SENATE OF THE UNITED STATES January 14, 2014Mr. Hoeven (for himself, Ms. Klobuchar, Mr. Blunt, Mr. Manchin, Mr. Kirk, Mr. Isakson, Mr. Johanns, Mr. Chambliss, Mr. Hatch, Mr. King, Mr. Bennet, Ms. Hirono, Mr. Begich, Mr. Wyden, Mr. Coons, Mr. Portman, Mr. Franken, Mr. Thune, Mr. Barrasso, Mr. Enzi, Mr. Tester, Mr. Boozman, Mr. Heller, Mr. Markey, and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation September 15, 2014Reported by Mr. Rockefeller, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To limit the retrieval of data from vehicle event data recorders. 1. Short title This Act may be cited as the Driver Privacy Act. 2. Limitations on data retrieval from vehicle event data recorders (a) Ownership of data Any data in an event data recorder required under part 563 of title 49, Code of Federal Regulations, regardless of when the passenger motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the passenger motor vehicle in which the event data recorder is installed. (b) Privacy Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than the owner or lessee of the motor vehicle in which the event data recorder is installed unless— (1) a court or other judicial or administrative authority having jurisdiction— (A) authorizes the retrieval of the data; and (B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority; (2) all of the owners or lessees of the motor vehicle provide informed written consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; (3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of the owner or lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data; (4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research, and the personally identifiable information of the owner or lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data. (c) Limitation on data retrieval Data from an event data recorder may only be accessed pursuant to subsection (b) to the extent that such data was recorded in conjunction with an event (as defined in section 563.5 of title 49, Code of Federal Regulations). 3. Vehicle event data recorder study (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit a report to Congress that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes. (b) Rulemaking Not later than 1 year after submitting the report required under subsection (a), the Administrator shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles. 1. Short title This Act may be cited as the Driver Privacy Act. 2. Limitations on data retrieval from vehicle event data recorders (a) Ownership of data Any data retained by an event data recorder (as defined in section 563.5 of title 49, Code of Federal Regulations), regardless of when the motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle in which the event data recorder is installed. (b) Privacy Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless— (1) a court or other judicial or administrative authority having jurisdiction— (A) authorizes the retrieval of the data; and (B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority; (2) an owner or a lessee of the motor vehicle provides written or electronic consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; (3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer; (4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or (5) the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data. 3. Vehicle event data recorder study (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit a report to Congress that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes. (b) Rulemaking Not later than 2 years after submitting the report required under subsection (a), the Administrator shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles. September 15, 2014Reported with an amendment