,,ii  #aaith ,,congress  #ast ,session  
,s4 #cdid  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #af1 
#bjbe,mr4 ,lee introduced the following 
bill2 which was read twice and referred 
to the ,committee on ,commerce1         
,science1 and ,transportation  ,a ,,bill
  ,to prevent manufacturers of covered  
vehicles from accessing1 selling1 or    
otherwise sharing covered data without  
consent of covered vehicle owners1 to   
require manufacturers of covered        
vehicles to provide covered vehicle     
owners with access to1 and control of1  
covered data1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,auto ,data ,privacy and        
,autonomy ,act4  #b4 ,definitions ,in   
this ,act3 7#a7 ,commission ,the term   
,commission means the ,federal ,trade   
,commission4  7#b7 ,covered data ,the   
term covered data means user data and   
vehicle-generated data4  7#c7 ,covered  
vehicle ,the term covered vehicle means 
a motor vehicle or a vehicle primarily  

used for farming or construction4  7#d7 
,geolocation data ,the term geolocation 
data means information that reveals the 
past or present physical location of an 
individual1 a covered vehicle1 or       
device4  7#e7 ,motor vehicle ,the term  
motor vehicle has the same meaning given
 such term in section #cjajb7;a7 of     
title #di1 ,united ,states ,code1 and   
includes a motor vehicle trailer4  7#f7 
,personally identifiable information    
,the term personally identifiable       
information means information that--    
7,a7 directly identifies an individual  
such as the name1 address1 social       
security number or other identifying    
number or code1 telephone number1 or    
email address of an individual2  7,b7   
indirectly identifies an individual such
 as the gender1 race1 or date of birth  
of an individual2 or  7,c7 reveals the  
geolocation data or internet activity of
 an individual4  7#g7 ,user data ,the   
term user data means data transferred to
 a covered vehicle by the owner or user 

of such vehicle4  7#h7 ,user preference 
,the term user preference means any     
choice with respect to a configurable   
setting of a covered vehicle made by or 
for the benefit of the owner or user of 
such covered vehicle4  7#i7             
,vehicle-generated data ,the term       
vehicle-generated data means all        
electronic data generated or processed  
onboard a covered vehicle1 such as data 
generated by sensors1 receivers1        
computer processing units1 or other     
vehicle components and includes the     
geolocation data of such covered        
vehicle4  #c4 ,user data and            
vehicle-generated data privacy and      
security  7a7 ,prohibition on           
manufacturers ,with respect to a covered
 vehicle1 a manufacturer of such vehicle
 may not-- 7#a7 access covered data1    
unless-- 7,a7 the owner of such covered 
vehicle or1 in the event of the death or
 incapacity of such owner1 the next of  
kin of such owner affirmatively consents
 to such manufacturer accessing such    

data and such consent-- 7i7 is freely   
given2  7ii7 is informed1 specific1 and 
unambiguous2  7iii7 is in writing2 and  
7iv7 may be easily withdrawn2 or  7,b7  
such data is accessed solely to improve 
covered vehicle performance or safety2  
7#b7 sell1 lease1 or otherwise share    
covered data1 unless-- 7,a7 required to 
do so-- 7i7 pursuant to a lawfully      
executed warrant2  7ii7 pursuant to a   
court order that provides the covered   
vehicle owner notice of the order and at
 least #dh hours to object and request a
 hearing2 or  7iii7 to facilitate an    
emergency response2 or  7,b7 the owner  
of such covered vehicle1 or1 in the     
event of the death or incapacity of such
 owner1 the next of kin of such owner1  
affirmatively consents to such          
manufacturer to do so and such consent--
 7i7 is freely given2  7ii7 is informed1
 specific1 and unambiguous2  7iii7 is in
 writing2 and  7iv7 may be easily       
withdrawn2 or  7#c7 sell1 license1 rent1
 trade1 transfer1 release1 disclose1    

provide access to1 or otherwise make    
available personally identifiable       
information of a ,united ,states citizen
 or lawful permanent resident to the    
following3 7,a7 ,the ,democratic        
,people's ,republic of ,korea4  7,b7    
,the ,people's ,republic of ,china4     
7,c7 ,the ,russian ,federation4  7,d7   
,the ,islamic ,republic of ,iran4  7,e7 
,the ,bolivarian ,republic of           
,venezuela4  7b7 ,report ,not later than
 #ahj days after the date of the        
enactment of this ,act1 the ,commission 
shall1 in consultation with the         
,attorney ,general1 the ,secretary of   
,homeland ,security1 the ,secretary of  
,transportation1 and the ,federal       
,communications ,commission1 submit to  
,congress a report that describes with  
respect to covered data-- 7#a7 the types
 of such data that a manufacturer of a  
covered vehicle accesses2  7#b7 the     
individuals and entities1 other than a  
manufacturer of a covered vehicle1 that 
access such data2  7#c7 the ,federal or 

,state ,government entities that access 
such data and how such entities use such
 data2  7#d7 the individuals and        
entities to whom such data may be sold  
or otherwise shared2  7#e7 the foreign  
governments to whom such data may be    
sold or otherwise shared and how such   
data is used by such foreign            
governments2  7#f7 the cybersecurity    
capabilities and risks associated with  
covered vehicles2  7#g7 occurrences of  
such data being compromised1 including  
the prevalence of such occurrences and  
any entities with ties to foreign       
governments associated with such        
occurrences2 and  7#h7 a description of 
the feasibility of a technology-neutral1
 standards-based1 secure interface to   
allow an owner of a covered vehicle     
access to such data designed without    
preference or prejudice towards any     
technology or service used to access and
 control such data by such owner1 and   
not contingent on ownership or licensing
 of proprietary technologies by such    

owner or a manufacturer of a covered    
vehicle4  #d4 ,vehicle owner's data     
access and control  7a7 ,in general ,the
 manufacturer of a covered vehicle shall
 provide to an owner of such vehicle    
access to1 and control of1 all covered  
data generated or processed onboard1 or 
transferred to1 such vehicle-- 7#a7 at  
no cost beyond the purchase price of    
such vehicle2  7#b7 in real time2  7#c7 
without any restriction or limitation on
 use or authorizing access to third     
parties2  7#d7 without a requirement    
that the covered vehicle owner pay a fee
 or purchase a license to decrypt such  
data or use a device provided by such   
manufacturer to access and use such     
data2  7#e7 through the vehicle's       
interface port and through wireless     
transmission of such data to the extent 
such vehicle is equipped with technology
 to wirelessly transmit such data2 and  
7#f7 in a manner that enables the       
operation of an open application        
programming interface that-- 7,a7       

facilitates deletion of all user data   
stored in a covered vehicle2 and  7,b7  
enables the setting of any user         
preference by the covered vehicle owner 
or another user of the covered vehicle4 
7b7 ,relation to other laws ,this       
section supersedes any statute1 rule1   
requirement or other legal obligation of
 a ,state of political subdivision      
thereof that relates to the requirements
 of this section4  #e4 ,enforcement  7a7
 ,unfair or deceptive act or practice ,a
 violation of this ,act shall be treated
 as a violation of a rule defining an   
unfair or deceptive act or practice     
under section #ah7;a77#a77;,b7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #eg;a7a77#a77;,b774  7b7      
,powers of the ,commission  7#a7 ,in    
general ,the ,commission shall enforce  
this ,act in the same manner1 by the    
same means1 and with the same           
jurisdiction1 powers1 and duties as     
though all applicable terms and         
provisions of the ,federal ,trade       

,commission ,act 7#ae ,u4,s4,c4 #da et  
seq47 were incorporated into and made a 
part of this ,act4  7#b7 ,privileges and
 immunities ,any person who violates    
this ,act shall be subject to the       
penalties and entitled to the privileges
 and immunities provided in the ,federal
 ,trade ,commission ,act 7#ae ,u4,s4,c4 
#da et seq474  7#c7 ,authority preserved
 ,nothing in this ,act shall be         
construed to limit the authority of the 
,commission under any other provision of
 law4  #f4 ,disclosure of confidential  
business information ,except as provided
 in section #d1 nothing in this ,act    
shall require a manufacturer of a       
covered vehicle to divulge confidential 
business information 7as that term is   
defined in section #eab4c7;c7 of title  
#di1 ,code of ,federal ,regulations74   
#g4 ,effective date ,this ,act shall    
take effect on the date that is #c      
months after the date of enactment of   
this ,act4  #h4 ,no new appropriations  
,no additional funds are authorized to  

be appropriated to carry out this ,act4 
,the ,commission shall carry out this   
,act using amounts otherwise            
appropriated4