Cal. BPC § 22948.51 — California Code / Code bpc / Division 8 / Chapter 36 / Section 22948.51
Section 22948.51
Status: in_force

(a) Any image or video recording collected or retained through the operation of an in-vehicle camera shall not be:

(1) Used for any advertising.

(2) Sold to a third party.

(3) Shared with a third party unless any of the following apply:

(A) The user has provided affirmative prior consent, and all of the following requirements are met:

(i) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose affirmatively consented to by the consumer, do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.

(ii) The user receives clear, meaningful notice prior to the sharing of the images or video recordings, including the party or parties with whom the images or recordings will be shared, and the purpose for which the images or recordings will be shared.

(B) (i) The images or video recordings are shared with a third party only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.

(ii) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose specified in clause (i), do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.

(C) The images or video recordings are shared with a third party in order to comply with a valid verifiable consumer request pursuant to Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code.

(D) The images or video recordings are shared with a third party pursuant to a records request, including, but not limited to, a request pursuant to subdivision (b) of Section 832.7 of the Penal Code or Section 7923.625 of the Government Code or Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.

(4) Retained at any location, other than the vehicle itself, unless either of the following apply:

(A) The user has provided affirmative prior consent.

(B) The images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.

(5) Downloaded, retrieved, or otherwise accessed by a person or entity other than the user, unless either of the following apply:

(A) The user has provided affirmative prior consent.

(B) (i) Subject to clause (ii), the images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.

(ii) The person or entity that downloads, retrieves, or otherwise accesses the images or recordings does not use the images or video recordings for any purpose other than the purpose specified in clause (i), does not share or transmit the images or video recordings, and does not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.

(b) (1) A person or entity that provides the operation of an in-vehicle camera in this state shall provide effective mechanisms, without any cost, penalty, or unnecessary steps, for a consumer to revoke their consent pursuant to subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a) after it is given. At least one of these mechanisms shall utilize the primary medium through which the person or entity communicates with users.

(2) A person or entity subject to paragraph (1) shall honor the user’s consent revocation, and shall delete from all locations other than the vehicle itself any image or recording associated with that user that has been collected, retained, downloaded, or retrieved by that person or entity under subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a), as soon as practicable, but not later than 30 days after the user revokes consent.

(c) A person or entity shall not discriminate against a user because the user has exercised any of their rights under this chapter. Discriminatory acts shall include, but not be limited to, the following:

(1) Denying goods, services, or benefits to the user.

(2) Charging different prices or rates for goods or services, including through the use of discounts or other incentives or imposing penalties.

(3) Providing a different level or quality of goods, services, or benefits to the user.

(4) Suggesting that the user will receive a different price or rate for goods, services, or benefits, or a different level or quality of goods, services, or benefits.

(5) Considering the user’s exercise of rights under this chapter as a basis for suspicion of criminal wrongdoing or unlawful conduct.

(d) Images or video recordings retained through the operation of an in-vehicle camera may be retrieved or shared without the user’s permission if any of the following apply:

(1) In a court, arbitration, or other judicial or administrative authority, the video recordings are subject to the standards for admission into evidence required by that court, arbitrator, or other administrative authority.

(2) (A) The images or video recordings are retrieved pursuant to an investigation or inspection authorized under Section 1131(a) or 30166 of Title 49 of the United States Code, and the personal information of an owner or a lessee of the vehicle, including the vehicle identification number, is not disclosed in connection with the video recordings retrieved pursuant to this subparagraph.

(B) Notwithstanding subparagraph (A), a vehicle identification number may be disclosed to the manufacturer or other entity responsible for providing the images or video recordings pursuant to subparagraph (A).

(3) The images or video recordings are retrieved for the purpose of immediately determining the need for, or facilitating, emergency medical response to a motor vehicle crash.

(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, any image or video recording collected or retained through the operation of an in-vehicle camera may be shared with a third party, retained at a location other than the vehicle, or downloaded, retrieved, or otherwise accessed by a person or entity other than the user to comply with a preservation request pursuant to Chapter 119 or 121 of Title 18 of the United States Code, or a lawful subpoena, court order, or search warrant.

(2) Paragraph (1) shall not be construed to relieve a person or entity from compliance with the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code), including, but not limited to, Section 1546.5 of the Penal Code.