Bill Text: CA SB994 | 2013-2014 | Regular Session | Amended
Bill Title: Vehicles: vehicle information: privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-22 - Set, second hearing. Failed passage in committee. (Ayes 3. Noes 1. Page 3237.) Reconsideration granted. [SB994 Detail]
Download: California-2013-SB994-Amended.html
BILL NUMBER: SB 994 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 28, 2014
AMENDED IN SENATE MARCH 17, 2014
INTRODUCED BY Senator Monning
FEBRUARY 12, 2014
An act to add Section 9957 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 994, as amended, Monning. Vehicles: vehicle information:
privacy.
Existing law imposes various requirements upon manufacturers of
motor vehicles sold or leased in this state with regard to disclosing
information and providing equipment. A violation of these provisions
is a crime.
This bill would enact the Consumer Car Information and Choice Act.
The bill would require a manufacturer of any new motor vehicle sold
or leased in this state that is manufactured on or after January 1,
2016, that records, generates , stores, or
collects vehicle information, as defined, to make certain disclosures
to the registered owner regarding the recordation,
generation , storage, and collection of that information.
The bill would require the manufacturer to provide the registered
owner of the vehicle with access to the vehicle information
and the ability to securely transmit that information to a 3rd party
selected by the registered owner , as specified. The
bill would require the manufacturer to provide the registered owner
with the ability to opt out of the recording, generation, storage, or
collection of vehicle information, except as specified. The
bill would prohibit a manufacturer from limiting, impairing, or
otherwise restricting , by any means, the ability
of the registered owner to access , use, or transmit
his or her vehicle information, and would further prohibit
the manufacturer from taking any adverse action against the
registered owner for accessing or using or transmitting
his or her vehicle information, as specified. The bill
would prohibit vehicle information from being downloaded ,
transmitted, or received by a person other than or
otherwise retrieved from the motor vehicle without the consent of
the registered owner, except as specified. The bill would
prohibit a manufacturer from conditioning the sale or
lease of a vehicle upon receiving consent from the registered owner
to allow the manufacturer to sell, release, or otherwise disclose
vehicle information to persons other than the registered owner. The
bill would provide immunity from liability for manufacturers
providing registered owners access to vehicle information, as
specified.
Because a violation of these provisions would be a crime, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Consumer Car Information and Choice Act.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) Today's motor vehicles are equipped with sophisticated
computers that control everything from comfort and convenience
features, including air temperature, seat positions, and
infotainment, to critical safety features, such as air bags and
antilock brakes, to complex engine systems, such as transmission,
fuel, emissions, and exhaust systems.
(2) These computers can record, generate ,
store, and collect information that is important to
consumers about the condition and performance of their motor
vehicles, including repair, maintenance, and diagnostic information.
(3) These computers can also record, generate ,
store, and collect sensitive personal information about
consumers and their driving behaviors , as well as others in and
around the motor vehicle . For example, motor vehicles can
collect precise location information as well as information about
where and when consumers have driven their motor vehicles. Motor
vehicles can also collect information about how consumers drive,
including information about braking, acceleration, speed, and the
number of passengers carried. In some cases, motor vehicles can
even collect personal information from consumers' mobile phones, such
as personal contact lists, text messages, and phone conversations.
(4) In 2014, approximately one in five new motor vehicles sold in
California will be equipped with systems that can wirelessly transmit
consumer vehicle information outside the motor vehicle. By 2025, it
is expected that all new motor vehicles sold in California will have
wireless data transmission capabilities along with the capacity to
generate vast quantities of information about consumers, their
driving habits, and the condition and performance of their motor
vehicles.
(5) It is unclear who has Until now, the
law has not explicitly addressed who has the right to control
the dissemination of consumer vehicle information, as there are no
uniform standards or policies that address this issue with respect to
the broad array of consumer vehicle information that may be shared.
Today, consumers have limited ability to access their vehicle
information or to transmit their vehicle information from
their motor vehicles to service providers of their choice
information .
(6) Vehicle manufacturers have the technology to give consumers
secure access to their vehicle information, and some manufacturers
have deployed this technology to securely exchange vehicle
information with third parties.
(6)
(7) Restricting consumers' ability to choose
who can access information from their motor vehicles reduces
competition and innovation and access to information
from their motor vehicles negatively affects consumers' ability
to select the services they prefer and realize
the full value of the motor vehicles they own or lease and make
important choices about their privacy .
(b) It is therefore the intent of the Legislature to
create a uniform policy that ensures to ensure
that consumers are clearly informed of the kinds of information their
motor vehicles record, generate , store, and
collect about them, including information about their driving habits
and the condition of their motor vehicles. It is also the intent of
the Legislature that consumers are given more choice
retain control over who can access and
use this information from their motor vehicles as well as rights to
securely transmit this information from their motor
vehicles to service providers of their choice .
SEC. 3. Section 9957 is added to the Vehicle Code, to read:
9957. (a) This section applies to all motor vehicles manufactured
on or after January 1, 2016.
(b) A manufacturer of a new motor vehicle sold or leased in this
state that records, generates , stores, or
collects vehicle information shall do all of the following:
(1) Disclose that the motor vehicle records, generates
, stores, or collects vehicle information and describe
the types each of the categories of
vehicle information recorded, generated , stored,
or collected by the motor vehicle , as well as the
duration of the recording, collection, or storage, in a plainly
written statement included in the owner's manual for the motor
vehicle.
(2) Provide a copy of the statement described in paragraph (1) in
a separate document printed in no less than 12-point type to the
prospective registered owner of the new motor vehicle prior to the
purchase or lease of the vehicle.
(3) Include in the statement included in the owner's manual
pursuant to paragraph (1) and the statement contained in the separate
document described in paragraph (2) the following statement in
14-point bold type:
"THIS MOTOR VEHICLE RECORDS, GENERATES AND
, STORES, OR COLLECTS INFORMATION
ABOUT YOU, HOW YOU DRIVE, AND THE CONDITION OF YOUR MOTOR VEHICLE.
UNDER CALIFORNIA LAW, YOU HAVE THE RIGHT TO CHOOSE WHO CAN
ACCESS THIS INFORMATION AND TO OPT OUT OF THE
COLLECTION OF THIS INFORMATION IN MOST CIRCUMSTANCES. YOU ALSO HAVE
THE RIGHT TO CONSENT TO WHO MAY RETRIEVE THIS INFORMATION FROM
YOUR MOTOR VEHICLE." VEHICLE. BEFORE ALLOWING
YOUR VEHICLE MANUFACTURER TO SHARE YOUR INFORMATION WITH THIRD
PARTIES, YOU SHOULD CAREFULLY REVIEW EACH PARTY'S PRIVACY POLICY.
"
(4) Affix the statement described in paragraph (3) securely in a
clear and conspicuous manner to the side window or windshield of the
new motor vehicle.
(c) A manufacturer of a new motor vehicle sold or leased in this
state that records, generates , stores, or
collects vehicle information shall provide the registered owner of
the motor vehicle with all of the following:
(1) Access from the motor vehicle to the vehicle information
as the vehicle information is recorded, generated, stored,
or collected by the motor vehicle .
(2) Fair and reasonable access Access
to tools and information reasonably necessary to use
access the vehicle information.
(3) The ability to securely transmit the vehicle information
outside the motor vehicle to any person selected by the registered
owner of the motor vehicle.
(A) The manufacturer shall not impose any fees or charges on a
registered owner to make transmissions of vehicle information
pursuant to this paragraph.
(B) The manufacturer shall provide fair, nondiscriminatory, and
reasonable means for persons selected by the registered owner in
accordance with this paragraph to receive the vehicle information in
a standard, usable format.
(C) If the motor vehicle is equipped with a telematics system, the
manufacturer shall provide the registered owner with the ability to
use the telematics system to securely transmit vehicle information in
accordance with this paragraph and shall provide fair,
nondiscriminatory, and reasonable means for persons selected by the
registered owner in accordance with this paragraph to securely access
the telematics system to provide remote services that are requested
by the registered owner.
(3) Manufacturers may provide the access required under paragraph
(2) for purchase on fair and reasonable terms. In determining whether
terms are fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
(A) The net cost to the manufacturer's franchised dealerships for
similar information obtained from manufacturers, less any discounts,
rebates, or other incentive programs.
(B) The cost to the manufacturer for preparing and distributing
the information, excluding any research and development costs,
provided that the amortized capital costs for the preparation and
distribution of the information may be included.
(C) The price charged by other manufacturers for similar
information.
(D) The ability of aftermarket technicians, shops, and other small
businesses to afford the information.
(E) The means by which the information is distributed.
(F) The extent to which the information is used, which includes
the number of users, frequency, duration, and volume of use.
(G) Inflation.
(4) The ability to opt out of the recording, generation, storage,
or collection of vehicle information other than vehicle information
necessary for the repair or maintenance of the motor vehicle or for
motor vehicle safety. A manufacturer may not deny any service or
benefit to a registered owner for exercising his or her opt-out
rights under this paragraph, unless the service or benefit is
technically dependent on the vehicle information that is no longer
recorded, generated, stored, or collected due to the registered owner'
s choice to opt out.
(d) A manufacturer shall not limit, impair, or otherwise restrict
, by any means, the ability of a registered owner
to access , use, or transmit his or her vehicle
information . A manufacturer shall not take any adverse
action against a registered owner for accessing or using his or her
vehicle information or transmitting his or her vehicle information
outside the motor vehicle to a person other than the manufacturer or
obtaining services that use vehicle information from a person other
than the manufacturer. or take any adverse action,
including the denial of any service or benefit, against a registered
owner for accessing his or her vehicle information. This paragraph
shall not be construed to prevent the adoption of security protocols
to protect against unauthorized access to vehicle information.
(e) Vehicle information shall not be downloaded or
transmitted outside the motor vehicle or otherwise retrieved
from the motor vehicle by a person other than
without the consent of the registered owner of the motor
vehicle, except under one of the following circumstances:
(1) A registered owner of the motor vehicle consents to the
download, transmission, or retrieval of his or her vehicle
information.
(2)
(1) The vehicle information is downloaded ,
transmitted, or retrieved by the manufacturer of the motor
vehicle. The manufacturer shall not release
sell, release, or otherwise disclose the vehicle information
received pursuant to this paragraph to any person other than the
registered owner of the motor vehicle, unless that vehicle
information is in a form that cannot be used to identify
the manufacturer obtains the consent of the registered
owner or driver of the motor vehicle .
(3)
( 2) The vehicle information is downloaded
, transmitted, or retrieved for the purpose of
diagnosing, servicing, or repairing a motor vehicle at the request of
the registered owner or driver of that motor vehicle. The
recipient of vehicle information under this paragraph shall not sell,
release, or otherwise disclose the vehicle information to any person
other than the regis tered owner of the motor vehicle
unless the recipient obtains the consent of the registered owner.
(4) For purposes of improving motor vehicle safety, including for
medical research of the human body's reaction to motor vehicle
accidents, provided that the identity of the registered owner or
driver is not disclosed in connection with that retrieved
information. The disclosure of the vehicle identification number
(VIN) for purposes of improving vehicle safety, including for medical
research of the human body's reaction to motor vehicle accidents,
does not constitute the disclosure of the identity of a registered
owner or driver for purposes of this paragraph. A person authorized
to download or otherwise retrieve vehicle information pursuant to
this paragraph shall not release that vehicle information, except to
share that information among the motor vehicle safety and medical
research communities to advance motor vehicle safety, and only if the
identity of the registered owner or driver is not disclosed.
(3) The vehicle information is communicated to another motor
vehicle or transportation infrastructure through vehicular
communication networks for purposes of traffic management or motor
vehicle safety.
(5)
( 4) In response to an order of a court
having jurisdiction to issue the order under applicable
standards of criminal and civil law .
(f) A manufacturer may not condition the sale or lease of a motor
vehicle upon receipt of consent from the registered owner of the
motor vehicle to allow the manufacturer to sell, release, or
otherwise disclose vehicle information to persons other than the
registered owner.
(f)
(g) A registered owner of a motor vehicle shall not be
compelled to access, download, or retrieve vehicle information from
the motor vehicle or transmit vehicle information outside
the motor vehicle vehicle, except pursuant to an
order of a court having jurisdiction to issue the order under
applicable standards of criminal or civil law or as
otherwise required by law.
(h) This section shall not be construed to change, expand, or
diminish the existing authority of law enforcement.
(g)
(i) This section shall not be construed to require a
manufacturer of a motor vehicle to disclose any trade secret.
(h) This section does not relieve manufacturers of the duty to
create secure telematics, computer, and other electronic systems in
the motor vehicles they manufacture, including the duty to prevent
unauthorized access into these systems.
(i)
(j) This section does not supersede or modify any
provisions of the Insurance Code or any regulations promulgated
thereunder, including, but not limited to, the provisions of
Section 2632.5 of Title 10 of the California Code of Regulations
concerning automobile insurance rating factors.
(k) A manufacturer of a motor vehicle shall have no liability for
any acts or omissions of a registered owner of the motor vehicle as a
result of the manufacturer providing the registered owner access to
vehicle information pursuant to this section.
(l) This section shall not be construed to require the recording,
generation, storage, or collection of vehicle information.
(j)
(m) For purposes of this section, "vehicle information"
means any and all data that is recorded, generated ,
stored, or collected by a motor vehicle through a computer or
other device embedded or integrated into a motor vehicle , other
than an event data recorder governed under Section 9951
and Part 563 of Title 49 of the Code of Federal Regulations,
that can be used, either alone or with other information, to
distinguish or individually identify the registered owner of a motor
vehicle, the driver of a motor vehicle, or the operation, use, or
condition of a motor vehicle. "Vehicle information" includes, but is
not limited to, all of the following when that information is
recorded, generated, stored, or collected by a motor vehicle through
a computer or other device embedded or integrated into a motor
vehicle, other than an event data recorder governed under Section
9951 and Part 563 of Title 49 of the Code of Federal
Regulations :
(1) The name, address, email address, and telephone number of the
registered owner or driver of the motor vehicle and the motor vehicle'
s vehicle identification number. This paragraph shall not be
construed to restrict the ability of law enforcement to collect the
information described in this paragraph from a registered owner of a
motor vehicle even if the information is also recorded, generated,
stored, or collected by the motor vehicle.
(2) Speed, distance, braking, acceleration, steering, seat-belt
use, air bag deployment, collision, accident, geolocation,
time-of-day driven, miles driven, duration driven, driving style,
fuel, tire pressure, passenger, battery, door lock, and odometer
information, sensor data, subsystem data, and diagnostic trouble
codes.
(k)
(n) For purposes of this section, "registered owner"
means a registered owner as defined in Section 505 and, in the case
of a leased vehicle, the lessee as shown on the registration card for
the leased vehicle.
(l) For purposes of this section, the term "telematics system"
means a system that allows the transmission of data to and from the
motor vehicle using one or more embedded or mobile communication
devices that connect to telecommunications networks, including, but
not limited to, wireless and landline communication networks and
global positioning system satellites.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
