[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1925 Reported in Senate (RS)]
Calendar No. 563
113th CONGRESS
2d Session
S. 1925
[Report No. 113-255]
To limit the retrieval of data from vehicle event data recorders.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2014
Mr. 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, 2014
Reported by Mr. Rockefeller, with an amendment
[Strike 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Driver Privacy
Act''.</DELETED>
<DELETED>SEC. 2. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA
RECORDERS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) a court or other judicial or administrative
authority having jurisdiction--</DELETED>
<DELETED> (A) authorizes the retrieval of the data;
and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 3. VEHICLE EVENT DATA RECORDER STUDY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Driver Privacy Act''.
SEC. 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.
SEC. 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.
Calendar No. 563
113th CONGRESS
2d Session
S. 1925
[Report No. 113-255]
_______________________________________________________________________
A BILL
To limit the retrieval of data from vehicle event data recorders.
_______________________________________________________________________
September 15, 2014
Reported with an amendment