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[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
```