Cal. BPC § 22948.53 — California Code / Code bpc / Division 8 / Chapter 36 / Section 22948.53
Section 22948.53
Status: in_force

For purposes of this chapter, the following definitions shall apply:

(a) (1) “Affirmative prior consent” means a user’s freely given, informed, and unambiguous affirmative authorization for the prospective sharing or retention of their in-vehicle camera recordings or images, in accordance with the requirements of subdivision (a) of Section 22948.51, in one of the following forms:

(A) A page on the vehicle manufacturer’s internet website clearly dedicated to privacy where the user can acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. This acknowledgment of consent shall not be given in combination with any other acknowledgment, consent, or agreement.

(B) A user’s response to a mail form sent by the vehicle manufacturer and returned by the user with their signature acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51.

(C) A user’s signature on a written or electronic form, at the time of the vehicle purchase, acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The form shall be contained on a single document or single internet page, written in at least 20-point bold font, that is separate from the conditional sales contract, purchase order, or any other document or internet page.

(D) A dedicated prompt displayed on a screen located on the vehicle’s center console which allows the user to acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The prompt shall meet all of the following criteria:

(i) Outline the limited sharing or retention for which the user may give consent under subdivision (a) of Section 22948.51, and provide a description of how the user may acknowledge or revoke consent in the future.

(ii) Only allow the user to give consent pursuant to the provisions of subdivision (a) of Section 22948.51, and shall not be used to provide consent for any other purpose or be used in conjunction with any other separate acknowledgment of consent.

(iii) Be displayed to the user only in any of the following instances:

(I) The initial setup of the vehicle during or after purchase.

(II) When diagnoses, service, or repair of the in-vehicle camera, or vehicle equipment that relies on or utilizes the in-vehicle camera, is required.

(III) When the user chooses, through a setting on the vehicle’s center console, to view the prompt for the purpose of acknowledging or revoking consent.

(2) “Affirmative prior consent” shall not include any of the following:

(A) Acceptance of a general or broad terms of use, or similar document, that contains descriptions of sharing or retention of in-vehicle camera recordings or images along with other, unrelated information.

(B) Hovering over, muting, pausing, or closing a given piece of content in an electronic format.

(C) Agreement obtained through a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice.

(b) “Dealer” has the same meaning as set forth in Section 285 of the Vehicle Code.

(c) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or is capable of, recording images or video inside the cabin of the vehicle.

(d) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or consumer device.

(e) “User” means a person who originally purchases, leases, or takes ownership of a vehicle equipped with an in-vehicle camera. A person who is incidentally recorded when a vehicle is operated by a user shall not be deemed to be a user.

(f) “Vehicle manufacturer” or “manufacturer” has the same meaning as set forth in Section 672 of the Vehicle Code.