motor vehicle data (to the extent such motor vehicle 
is equipped with technology to wirelessly transmit 
such motor vehicle data). 
(6) In a manner that facilitates the deletion of 
any user data stored in such motor vehicle. 
(7) In compliance with any voluntary auto-
motive industry cybersecurity standards require-
ments (such as ISO/SAE 24134). 
SEC. 3. ADDITIONAL MOTOR VEHICLE OWNER DATA AC-
CESS CONTROLS. 
(a) VEHICLE OWNERS’ DATA ACCESS CONTROL 
WITH RESPECT
TO MOTOR VEHICLE MANUFACTUR-
ERS.—A manufacturer of a motor vehicle may not, with 
respect to a motor vehicle manufactured by such manufac-
turer, sell any covered data unless the manufacturer pro-
vides to the motor vehicle owner of such motor vehicle a 
clear and conspicuous opportunity to opt out of any such 
sale. 
(b) FLEET VEHICLE DRIVERS’ DATA ACCESS CON-
TROL WITH RESPECT TO MOTOR VEHICLE FLEET OWN-
ERS.— 
(1) IN GENERAL.—A motor vehicle fleet owner 
may not, with respect to a motor vehicle that such 
motor vehicle fleet owner leases or in which such 
motor vehicle fleet owner has an ownership or con-
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tracted beneficial interest, sell any covered data, un-
less the motor vehicle fleet owner provides to the 
driver or operator of such motor vehicle a clear and 
conspicuous opportunity to opt out of any such sale. 
(2) LIMITATION.—The requirement to provide 
an opportunity to opt out described in paragraph (1) 
does not apply if the relevant data is generated by 
a commercial or governmental fleet vehicle driven by 
a driver in the course of the employment of the driv-
er, except if such driver behavior data is to be sold 
for the purpose of profiling in furtherance of deci-
sions that knowingly cause negative legal or simi-
larly significant harmful effects concerning the con-
duct of a person outside the course of the employ-
ment of the person. 
(c) NATIONAL SECURITY.—A manufacturer of a 
motor vehicle or a motor vehicle fleet owner may not know-
ingly sell motor vehicle data to any of the following: 
(1) The Democratic People’s Republic of Korea. 
(2) The People’s Republic of China. 
(3) The Russian Federation. 
(4) The Islamic Republic of Iran. 
(5) The Bolivarian Republic of Venezuela. 
(d) EXCEPTIONS.—For purposes of this section, a 
sale does not include any of the following activities: 
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(1) Transferring covered data to emergency re-
sponders. 
(2) Responding to an owner-initiated commu-
nication originating from within a motor vehicle or 
an app, where covered data may be transferred only 
to provide the response. 
(3) Responding to a vehicle-initiated commu-
nication related to the safe operation of a motor ve-
hicle, where covered data may be transferred only to 
provide the response. 
(4) Responding to a driver or user-initiated 
communication originating from within a motor vehi-
cle or an app, where covered data may be trans-
ferred only to provide the response. 
(5) Conducting research or efforts to improve, 
repair, enhance the safety of, or develop products, 
services, or technology. 
(6) Investigating or defending claims and 
losses. 
(7) Conducting investigations of potential prod-
uct quality, fraud, theft, or safety issues. 
(8) Determining or effectuating vehicle field ac-
tions, including customer satisfaction campaigns, 
technical service bulletins, compliance recalls, and 
safety recalls. 
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(9) Detecting or responding to cybersecurity in-
cidents. 
(10) Administering and fulfilling motor vehicle 
warranties. 
(11) Performing diagnostics and prognostics of 
a motor vehicle or a component of a motor vehicle. 
(12) Identifying and addressing issues that im-
pair functionality. 
(13) Disclosing covered data to a processor that 
processes such covered data on behalf of a manufac-
turer of a motor vehicle or a motor vehicle fleet 
owner. 
(14) Disclosing or transferring covered data to 
an affiliate of a manufacturer of a motor vehicle or 
a motor vehicle fleet owner. 
(15) Disclosing information that a consumer— 
(A) intentionally makes available to the 
general public through a channel of mass 
media; and 
(B) does not restrict to a specific audience. 
(16) Disclosing or transferring covered data to 
a third party as an asset that is part of a proposed 
or an actual merger, acquisition, bankruptcy, or 
other transaction in which the third party assumes 
control of all or part of the assets of a controller. 
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(17) Complying with a lawfully executed war-
rant. 
(18) Complying with a court order. 
SEC. 4. ENFORCEMENT BY COMMISSION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of section 2 shall be treated as a violation of 
a regulation under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regard-
ing unfair or deceptive acts or practices. 
(b) POWERS
OF COMMISSION.—The Commission 
shall enforce section 2 in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made a part of this Act, and any 
person who violates such section shall be subject to the 
penalties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act. 
SEC. 5. DISCLOSURE OF CONFIDENTIAL BUSINESS INFOR-
MATION. 
Except as provided in section 2, nothing in this Act 
shall be construed to require a motor vehicle manufacturer 
to divulge confidential business information (as defined in 
section 512.3(c) of title 49, Code of Federal Regulations). 
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SEC. 6. RELATIONSHIP TO STATE LAW. 
No State, or political subdivision of a State, may 
maintain, enforce, prescribe, or continue in effect any law, 
rule, regulation, requirement, standard, or other provision 
having the force and effect of law that relates to section 
2 of this Act. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) BIOMETRIC IDENTIFIER.—The term ‘‘bio-
metric identifier’’ means motor vehicle data gen-
erated by automatic measurements relating to bio-
logical characteristics of an individual that are any 
of the following: 
(A) Fingerprints. 
(B) Facial features. 
(C) Iris or retina patterns. 
(D) Gait. 
(E) Voice. 
(F) Body measurements. 
(G) Weight. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) COVERED DATA.— 
(A) IN
GENERAL.—The term ‘‘covered 
data’’— 
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(i) means personal data that relates to 
a biometric identifier, precise geolocation, 
or driver behavior with respect to a motor 
vehicle owner (or a driver or other user of 
a motor vehicle of such motor vehicle 
owner); and 
(ii) includes personal data received by 
such motor vehicle from a personal device 
of such motor vehicle owner, driver, or 
other user of a motor vehicle. 
(B) 
EXCLUSION.—The 
term 
‘‘covered 
data’’ does not include deidentified, pseudony-
mous, aggregate, or publicly available informa-
tion. 
(4) DRIVER BEHAVIOR.—The term ‘‘driver be-
havior’’ means motor vehicle data that is used for 
the purpose of profiling in furtherance of decisions 
that knowingly cause a negative legal or similarly 
significant harmful effect concerning the conduct of 
a motor vehicle owner outside the course of the em-
ployment of the motor vehicle owner. 
(5) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’— 
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(A) has the meaning given such term in 
section 30102(a) of title 49, United States 
Code; and 
(B) includes a motor vehicle trailer. 
(6) MOTOR VEHICLE DATA.—The term ‘‘motor 
vehicle data’’ means electronic data generated or 
processed onboard a motor vehicle, including data 
generated by sensors, receivers, computer processing 
units, and other components of the motor vehicle. 
(7) MOTOR VEHICLE FLEET OWNER.—The term 
‘‘motor vehicle fleet owner’’— 
(A) means a person— 
(i) with an ownership or contracted 
beneficial interest in 5 or more motor vehi-
cles; or 
(ii) who is the lessee of a motor vehi-
cle under a lease agreement with a term of 
at least 180 days; and 
(B) includes a designee of a motor vehicle 
owner. 
(8) 
MOTOR
VEHICLE
OWNER.—The 
term 
‘‘motor vehicle owner’’— 
(A) means an owner of a motor vehicle; 
and 
(B) includes— 
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(i) a designee of such owner; 
(ii) a person with an ownership or 
contracted beneficial interest in a motor 
vehicle; and 
(iii) a lessee of a motor vehicle under 
a lease agreement with a term of at least 
180 days. 
(9) PERSONAL
DATA.—The term ‘‘personal 
data’’— 
(A) means any motor vehicle data that is 
linked to an identified or identifiable natural 
person; and 
(B) does not include deidentified, pseudon-
ymous, aggregate, or publicly available informa-
tion. 
(10) PRECISE GEOLOCATION.—The term ‘‘pre-
cise geolocation’’ means motor vehicle data that di-
rectly identifies the specific location of a natural per-
son with precision and accuracy within a radius of 
1,750 feet. 
(11) SELL; SELLS; SALE.—The terms ‘‘sell’’, 
‘‘sells’’, and ‘‘sale’’— 
(A) mean the exchange of data for mone-
tary consideration; and 
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(B) do not include when a driver or user 
of a motor vehicle requests a specific product or 
service from a manufacturer of a motor vehicle 
or a motor vehicle fleet owner that is necessary 
for such manufacturer or motor vehicle fleet 
owner to disclose such motor vehicle data to a 
third party to provide such service or product 
to such driver or user. 
(12) USER DATA.—The term ‘‘user data’’— 
(A) means data transferred from a per-
sonal or external device to a motor vehicle by 
a motor vehicle owner or user of such motor ve-
hicle; and 
(B) does not include motor vehicle data. 
Æ 
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