Title: Black Box Privacy Protection Act
Policy area: Commerce

Summary:
Black Box Privacy Protection Act
This bill amends the Automobile Information Disclosure Act to require manufacturers of new automobiles to disclose on the information label affixed to the window of the automobile: (1) the presence and location of an event data recorder (commonly referred to as a "black box"), (2) the type of information recorded and how such information is recorded, and (3) that the recording may be used in a law enforcement proceeding.
The bill sets forth similar requirements for motorcycle manufacturers.
An "event data recorder" is any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed, seatbelt use, application of brakes, or other information pertinent to the operation of the automobile or motorcycle.
The bill prohibits the manufacture, sale, offering for sale, or import into the United States of an automobile manufactured after 2015 (bearing a model year of 2016 or later) that is equipped with an event data recorder, unless the consumer can control the recording of information. Violators are liable to the U.S. government for a civil penalty of up to $5,000 for each violation with a maximum penalty of $35 million for a related series of violations.
The event data recorder in an automobile or motorcycle, and any data recorded, shall be considered the property of the owner of the automobile or motorcycle. Retrieval or downloading of recorded data by any other person is unlawful, except: (1) with the owner's consent, (2) in response to a court order, or (3) by a dealer or automotive technician to service the vehicle.
Certain violations are to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 736 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 736

   To require automobile manufacturers to disclose to consumers the 
     presence of event data recorders, or ``black boxes'', on new 
automobiles, and to require manufacturers to provide the consumer with 
  the option to enable and disable such devices on future automobiles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2017

 Mr. Capuano introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To require automobile manufacturers to disclose to consumers the 
     presence of event data recorders, or ``black boxes'', on new 
automobiles, and to require manufacturers to provide the consumer with 
  the option to enable and disable such devices on future automobiles.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Black Box Privacy Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Consumers have the right to know that event data 
        recorders are installed in their vehicles, that they are 
        capable of collecting data recorded in automobile accidents, 
        and how such data may be used.
            (2) From the standpoint of consumer privacy rights, most 
        consumers are not aware that their vehicles are recording data 
        that not only may be used to aid traffic safety analyses, but 
        has the potential of being used against them in a civil or 
        criminal proceeding, or by their insurer to increase rates.

SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES AND 
              MOTORCYCLES.

    (a) Labeling Disclosure for Automobiles.--Section 3 of the 
Automobile Information Disclosure Act (15 U.S.C. 1232) is amended--
            (1) in subsection (g)(4)(B) by striking ``; and'' and 
        inserting a semicolon;
            (2) in subsection (h), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(i)(1) the presence and location of an event data 
        recorder;
    ``(2) the type of information recorded by the event data recorder 
and how such information is recorded; and
    ``(3) that the information recorded by the event data recorder also 
may be used in a law enforcement proceeding.''.
    (b) Labeling Disclosure for Motorcycles.--The Automobile 
Information Disclosure Act is further amended by adding after section 3 
the following new section:

``SEC. 3A. DISCLOSURE OF EVENT DATA RECORDERS ON MOTORCYCLES.

    ``Every manufacturer of new motorcycles distributed in commerce 
shall, prior to the delivery of any new motorcycle to any dealer, or at 
or prior to the introduction date of new models delivered to a dealer 
prior to such introduction date, securely affix to the new motorcycle a 
label on which such manufacturer shall disclose--
            ``(1) the presence and location of an event data recorder;
            ``(2) the type of information recorded by the event data 
        recorder and how such information is recorded; and
            ``(3) that the information recorded by the event data 
        recorder also may be used in a law enforcement proceeding.''.
    (c) Definitions.--Section 2 of such Act (15 U.S.C. 1231) is amended 
by adding at the end the following:
    ``(i) The term `event data recorder' means any device or means of 
technology installed in an automobile that records information such as 
automobile or motorcycle speed, seatbelt use, application of brakes or 
other information pertinent to the operation of the automobile or 
motorcycle, as applicable.
    ``(j) The term `motorcycle' means a vehicle having a seat or saddle 
for the use of the rider, designed to travel on not more than three 
wheels in contact with the ground, and weighing less than 1,500 pounds.
    ``(k) The term `new motorcycle' means a motorcycle the equitable or 
legal title to which has never been transferred by a manufacturer, 
distributor, or dealer to an ultimate purchaser.''.
    (d) Rulemaking.--Within 180 days following the enactment of this 
Act, the National Highway Traffic Safety Administration shall prescribe 
regulations setting forth a uniform method by which a manufacturer 
shall provide the disclosures required by the amendments made by this 
section.

SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.

    (a) In General.--Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 30129. Event data recorders
    ``No person may manufacture for sale, sell, offer for sale, 
introduce or deliver into interstate commerce, or import into the 
United States, an automobile manufactured after 2015 (and bearing a 
model year of 2016 or later) that is equipped with an event data 
recorder, unless such event data recorder includes a function whereby 
the consumer can control the recording of information by the event data 
recorder.''.
    (b) Enforcement.--Section 30165(a)(1) of chapter 301 of title 49, 
United States Code, is amended by inserting ``30129,'' after 
``30127,''.
    (c) Table of Contents Amendment.--The table of contents for chapter 
301 of title 49, United States Code, is amended by adding after the 
item relating to section 30128 the following new item:

``30129. Event data recorders.''.

SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT DATA RECORDER DATA.

    (a) Ownership Rights; Conduct Prohibited.--Any event data recorder 
in an automobile or motorcycle and any data recorded on any event data 
recorder in an automobile or motorcycle shall be considered the 
property of the owner of the automobile or motorcycle. It shall be 
unlawful for any person other than the owner of the automobile or 
motorcycle to download or otherwise retrieve data that is recorded on 
any event data recorder except under one of the following 
circumstances:
            (1) The owner of the automobile or motorcycle or the 
        owner's agent or legal representative consents to the retrieval 
        of the information.
            (2) In response to an order of a court having jurisdiction 
        to issue the order.
            (3) The data is retrieved by a dealer, or by an automotive 
        technician for the purpose of diagnosing, servicing, or 
        repairing the automobile or motorcycle.
    (b) Treatment of Violations as Unfair or Deceptive Acts or 
Practices.--A violation of subsection (a) shall be treated as a 
violation of a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)).
    (c) Enforcement by the Federal Trade Commission.--The Federal Trade 
Commission shall enforce this section 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 Federal Trade Commission Act (15 
U.S.C. 41 et seq.) were incorporated into and made a part of this 
section.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) The term ``consumer'' has the meaning given the term 
        ``ultimate purchaser'' in section 2 of the Automobile 
        Information Disclosure Act (15 U.S.C. 1231).
            (2) The term ``dealer'' has the meaning given that term in 
        section 30102(a) of title 49, United States Code.
            (3) The term ``event data recorder'' means any device or 
        means of technology installed in an automobile that records 
        information such as vehicle speed, seatbelt use, application of 
        brakes or other information pertinent to the operation of the 
        automobile.
            (4) The terms ``manufacturer'', ``new automobile'', and 
        ``new motorcycle'' have the meanings given those terms in 
        section 2 of the Automobile Information Disclosure Act (15 
        U.S.C. 1231).

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180 
days after the date of enactment of this Act.
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