II 

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. 

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’’. 


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1 SEC. 2. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE 

2 EVENT DATA RECORDERS. 

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

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

5 of Federal Regulations, regardless of when the passenger 

6 motor vehicle in which it is installed was manufactured, 

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

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

9 the event data recorder is installed. 

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

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

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

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

14 installed unless— 

15 (1) a court or other judicial or administrative 

16 authority having jurisdiction— 

17 (A) authorizes the retrieval of the data; 

18 and 

19 (B) to the extent that there is retrieved 

20 data, the data is subject to the standards for 

21 admission into evidence required by that court 

22 or other administrative authority; 

23 (2) all of the owners or lessees of the motor ve24 hicle provide informed written consent to the re25 trieval of the data for any purpose, including the 


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1 purpose of diagnosing, servicing, or repairing the 

2 motor vehicle; 

3 (3) the data is retrieved pursuant to an inves4 tigation or inspection authorized under section 

5 1131(a) or 30166 of title 49, United States Code, 

6 and the personally identifiable information of the 

7 owner or lessee of the vehicle and the vehicle identi8 fication number is not disclosed in connection with 

9 the retrieved data; 

10 (4) the data is retrieved for the purpose of de11 termining the need for, or facilitating, emergency 

12 medical response in response to a motor vehicle 

13 crash; or 

14 (5) the data is retrieved for traffic safety re15 search, and the personally identifiable information of 

16 the owner or lessee of the vehicle and the vehicle 

17 identification number is not disclosed in connection 

18 with the retrieved data. 

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

20 an event data recorder may only be accessed pursuant to 

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

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

23 of title 49, Code of Federal Regulations). 


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1 SEC. 3. VEHICLE EVENT DATA RECORDER STUDY. 

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

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

4 the National Highway Traffic Safety Administration shall 

5 submit a report to Congress that contains the results of 

6 a study conducted by the Administrator to determine the 

7 amount of time event data recorders installed in passenger 

8 motor vehicles should capture and record for retrieval ve9 hicle-related data in conjunction with an event in order 

10 to provide sufficient information to investigate the cause 

11 of motor vehicle crashes. 

12 (b) RULEMAKING.—Not later than 1 year after sub13 mitting the report required under subsection (a), the Ad14 ministrator shall promulgate regulations to establish the 

15 appropriate period during which event data recorders in16 stalled in passenger motor vehicles may capture and 

17 record for retrieval vehicle-related data to the time nec18 essary to provide accident investigators with vehicle-re19 lated information pertinent to crashes involving such 

20 motor vehicles. 

21 SECTION 1. SHORT TITLE. 

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

23 SEC. 2. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE 

24 EVENT DATA RECORDERS. 

25 (a) OWNERSHIP OF DATA.—Any data retained by an 

26 event data recorder (as defined in section 563.5 of title 49, 


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1 Code of Federal Regulations), regardless of when the motor 

2 vehicle in which it is installed was manufactured, is the 

3 property of the owner, or, in the case of a leased vehicle, 

4 the lessee of the motor vehicle in which the event data re5 corder is installed. 

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

7 event data recorder described in subsection (a) may not be 

8 accessed by a person other than an owner or a lessee of the 

9 motor vehicle in which the event data recorder is installed 

10 unless— 

11 (1) a court or other judicial or administrative 

12 authority having jurisdiction— 

13 (A) authorizes the retrieval of the data; and 

14 (B) to the extent that there is retrieved 

15 data, the data is subject to the standards for ad16 mission into evidence required by that court or 

17 other administrative authority; 

18 (2) an owner or a lessee of the motor vehicle pro19 vides written or electronic consent to the retrieval of 

20 the data for any purpose, including the purpose of di21 agnosing, servicing, or repairing the motor vehicle; 

22 (3) the data is retrieved pursuant to an inves23 tigation or inspection authorized under section 

24 1131(a) or 30166 of title 49, United States Code, and 

25 the personally identifiable information of an owner or 


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1 a lessee of the vehicle and the vehicle identification 

2 number is not disclosed in connection with the re3 trieved data, except that the vehicle identification 

4 number may be disclosed to the certifying manufac5 turer; 

6 (4) the data is retrieved for the purpose of deter7 mining the need for, or facilitating, emergency med8 ical response in response to a motor vehicle crash; or 

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

11 an owner or a lessee of the vehicle and the vehicle 

12 identification number is not disclosed in connection 

13 with the retrieved data. 

14 SEC. 3. VEHICLE EVENT DATA RECORDER STUDY. 

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

16 of the enactment of this Act, the Administrator of the Na17 tional Highway Traffic Safety Administration shall submit 

18 a report to Congress that contains the results of a study 

19 conducted by the Administrator to determine the amount 

20 of time event data recorders installed in passenger motor 

21 vehicles should capture and record for retrieval vehicle-re22 lated data in conjunction with an event in order to provide 

23 sufficient information to investigate the cause of motor vehi24 cle crashes. 


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1 (b) RULEMAKING.—Not later than 2 years after sub2 mitting the report required under subsection (a), the Ad3 ministrator shall promulgate regulations to establish the 

4 appropriate period during which event data recorders in5 stalled in passenger motor vehicles may capture and record 

6 for retrieval vehicle-related data to the time necessary to 

7 provide accident investigators with vehicle-related informa8 tion pertinent to crashes involving such motor vehicles. 


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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 


tkelley on DSK3SPTVN1PROD with BILLS