II 

113TH CONGRESS 

2D SESSION S. 1925 

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, and Mr. THUNE) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To limit the retrieval of data from vehicle event data 

recorders. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Driver Privacy Act’’. 

5 SEC. 2. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE 

6 EVENT DATA RECORDERS. 

7 (a) OWNERSHIP OF DATA.—Any data in an event 

8 data recorder required under part 563 of title 49, Code 

9 of Federal Regulations, regardless of when the passenger 


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•S 1925 IS

1 motor vehicle in which it is installed was manufactured, 

2 is the property of the owner, or, in the case of a leased 

3 vehicle, the lessee of the passenger motor vehicle in which 

4 the event data recorder is installed. 

5 (b) PRIVACY.—Data recorded or transmitted by an 

6 event data recorder described in subsection (a) may not 

7 be accessed by a person other than the owner or lessee 

8 of the motor vehicle in which the event data recorder is 

9 installed unless— 

10 (1) a court or other judicial or administrative 

11 authority having jurisdiction— 

12 (A) authorizes the retrieval of the data; 

13 and 

14 (B) to the extent that there is retrieved 

15 data, the data is subject to the standards for 

16 admission into evidence required by that court 

17 or other administrative authority; 

18 (2) all of the owners or lessees of the motor ve19 hicle provide informed written consent to the re20 trieval of the data for any purpose, including the 

21 purpose of diagnosing, servicing, or repairing the 

22 motor vehicle; 

23 (3) the data is retrieved pursuant to an inves24 tigation or inspection authorized under section 

25 1131(a) or 30166 of title 49, United States Code, 


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1 and the personally identifiable information of the 

2 owner or lessee of the vehicle and the vehicle identi3 fication number is not disclosed in connection with 

4 the retrieved data; 

5 (4) the data is retrieved for the purpose of de6 termining the need for, or facilitating, emergency 

7 medical response in response to a motor vehicle 

8 crash; or 

9 (5) the data is retrieved for traffic safety re10 search, and the personally identifiable information of 

11 the owner or lessee of the vehicle and the vehicle 

12 identification number is not disclosed in connection 

13 with the retrieved data. 

14 (c) LIMITATION ON DATA RETRIEVAL.—Data from 

15 an event data recorder may only be accessed pursuant to 

16 subsection (b) to the extent that such data was recorded 

17 in conjunction with an event (as defined in section 563.5 

18 of title 49, Code of Federal Regulations). 

19 SEC. 3. VEHICLE EVENT DATA RECORDER STUDY. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, the Administrator of 

22 the National Highway Traffic Safety Administration shall 

23 submit a report to Congress that contains the results of 

24 a study conducted by the Administrator to determine the 

25 amount of time event data recorders installed in passenger 


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1 motor vehicles should capture and record for retrieval ve2 hicle-related data in conjunction with an event in order 

3 to provide sufficient information to investigate the cause 

4 of motor vehicle crashes. 

5 (b) RULEMAKING.—Not later than 1 year after sub6 mitting the report required under subsection (a), the Ad7 ministrator shall promulgate regulations to establish the 

8 appropriate period during which event data recorders in9 stalled in passenger motor vehicles may capture and 

10 record for retrieval vehicle-related data to the time nec11 essary to provide accident investigators with vehicle-re12 lated information pertinent to crashes involving such 

13 motor vehicles. 

Æ 


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