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Calendar No. 239 

114TH CONGRESS 

1ST SESSION S. 766 

[Report No. 114–147] 

To limit the retrieval of data from vehicle event data recorders, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2015 

Mr. HOEVEN (for himself, Ms. KLOBUCHAR, Mr. KING, and Mr. BOOZMAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

SEPTEMBER 28, 2015 

Reported by Mr. THUNE, without amendment 

A BILL 

To limit the retrieval of data from vehicle event data 

recorders, and for other purposes. 

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 of 2015’’. 

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1 SEC. 2. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE 

2 EVENT DATA RECORDERS. 

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

4 event data recorder (as defined in section 563.5 of title 

5 49, Code of Federal Regulations), regardless of when the 

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 motor vehicle in which the event 

9 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 an owner or a 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) an owner or a lessee of the motor vehicle 

24 provides written, electronic, or recorded audio con25 sent to the retrieval of the data for any purpose, in26 cluding the purpose of diagnosing, servicing, or remstockstill on DSK4VPTVN1PROD with BILLS

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1 pairing the motor vehicle, or by agreeing to a sub2 scription that describes how data will be retrieved 

3 and used; 

4 (3) the data is retrieved pursuant to an inves5 tigation or inspection authorized under section 

6 1131(a) or 30166 of title 49, United States Code, 

7 and the personally identifiable information of an 

8 owner or a lessee of the vehicle and the vehicle iden9 tification number is not disclosed in connection with 

10 the retrieved data, except that the vehicle identifica11 tion number may be disclosed to the certifying man12 ufacturer; 

13 (4) the data is retrieved for the purpose of de14 termining the need for, or facilitating, emergency 

15 medical response in response to a motor vehicle 

16 crash; or 

17 (5) the data is retrieved for traffic safety re18 search, and the personally identifiable information of 

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

20 identification number is not disclosed in connection 

21 with the retrieved data. 

22 SEC. 3. VEHICLE EVENT DATA RECORDER STUDY. 

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

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

25 the National Highway Traffic Safety Administration shall 

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1 submit to Congress a report that contains the results of 

2 a study conducted by the Administrator to determine the 

3 amount of time event data recorders installed in passenger 

4 motor vehicles should capture and record for retrieval ve5 hicle-related data in conjunction with an event in order 

6 to provide sufficient information to investigate the cause 

7 of motor vehicle crashes. 

8 (b) RULEMAKING.—Not later than 2 years after sub9 mitting the report required under subsection (a), the Ad10 ministrator shall promulgate regulations to establish the 

11 appropriate period during which event data recorders in12 stalled in passenger motor vehicles may capture and 

13 record for retrieval vehicle-related data to the time nec14 essary to provide accident investigators with vehicle-re15 lated information pertinent to crashes involving such 

16 motor vehicles. 

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mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 239 

114TH CONGRESS 

1ST SESSION S. 766 

[Report No. 114–147] 

A BILL 

To limit the retrieval of data from vehicle event 

data recorders, and for other purposes. 

SEPTEMBER 28, 2015 

Reported without amendment 

mstockstill on DSK4VPTVN1PROD with BILLS