Bill Text: NJ A196 | 2014-2015 | Regular Session | Introduced
Bill Title: Restricts access to recorded data imbedded in motor vehicle computer systems.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Law and Public Safety Committee [A196 Detail]
Download: New_Jersey-2014-A196-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Restricts access to recorded data imbedded in motor vehicle computer systems.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act. concerning access to certain motor vehicle information and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this act:
"Accessed" means downloaded, extracted, scanned, read, or otherwise retrieved;
"Automatic crash notification system" means a collection of sensors within a motor vehicle that automatically collect and sends data to a recipient if the vehicle is involved in an accident;
"Event data recorder" means a device or function in a passenger motor vehicle that records the vehicle's dynamic, time-series data during the time period just prior to a crash event, including, but not limited to, vehicle speed versus time data, or during a crash event, including, but not limited to, delta-V versus time data, intended for retrieval after the crash event;
"Geographic information system" means an informational unit or network capable of producing customized maps based on a digital representation of geographic data;
"Global positioning system" means a system of satellites, computers, and receivers capable of determining the latitude and longitude of a receiver by calculating the time difference for signals from different satellites to reach the receivers;
"Recorded data" means the data stored or preserved electronically in a recording device identifying performance or operation information about the motor vehicle including, but not limited to:
(1) the speed of the motor vehicle or the direction in which the vehicle is traveling, or both;
(2) the vehicle location data, steering performance, or brake performance including, but not limited to, whether brakes were applied before a crash;
(3) the driver's seatbelt status; and
(4) information concerning a crash in which the motor vehicle has been involved, including the ability to transmit such information to a central communications system; and
"Recording device" means an electronic system within a motor vehicle that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle, which shall include event data recorders, automatic crash notification systems, global positioning systems, or geographic information systems, and any other device that records and preserves data that can be accessed related to that vehicle.
b. Any data collected by, or stored within, a recording device installed in a motor vehicle or manufactured as part of the motor vehicle, is the property of the owner of the motor vehicle, or in the case of a leased vehicle, the lessee of the motor vehicle in which the recording device is installed. Data recorded or transmitted by such a recording device may not be accessed or retrieved by any person other than the owner or lessee of the motor vehicle in which the recorder is installed unless:
(1) the owner or lessee of the vehicle consents to the access or retrieval of the recorded data;
(2) a licensed motor vehicle dealer, or a technician or mechanic at a motor vehicle repair or servicing facility accesses the data for the sole purpose of carrying out servicing and repair duties and such recorded data is necessary to perform such duties; or
(3) the recorded data is accessed by an emergency response provider and is used for the sole purpose of determining the need for or responding to a medical emergency.
c. Data recorded or transmitted by a data recording device shall not be discoverable as a public record by any person, entity or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter, nor shall it be offered in evidence in any civil or administrative proceeding, or in any municipal court prosecution for a violation of any of the provisions of Title 39 of the Revised Statutes.
2. This act shall take effect immediately.
STATEMENT
This bill restricts access to any data collected by, or stored within, a recording device installed in a motor vehicle or manufactured as part of a motor vehicle. The bill defines "recording device" as an electronic system within a motor vehicle that preserves or records information. The definition includes event data recorders, automatic crash notification systems, global positioning systems, or geographic information systems, and any other device that records and preserves data that can be accessed related to that vehicle.
The bill provides that any data collected by these devices may not be accessed or retrieved by any person other than the owner or lessee of the motor vehicle without the owner or lessee's consent. Data collected by a recording device also may be used by a technician or mechanic for the sole purpose of conducting service or repair duties. In addition, this information may be utilized by emergency response providers when determining the need for or responding to a medical emergency.
Finally, the bill prohibits data recorded or transmitted by a data recording device from being discoverable as a public record by any person, entity or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter. The bill prohibits the data from being offered in evidence in any civil or administrative proceeding, or in any municipal court prosecution for a violation of any of the provisions of Title 39 of the Motor Vehicle Code.
According to recent news reports, approximately 96 percent of all new vehicles sold in the United States are equipped with event data recorders, also commonly referred to a "black boxes." These boxes are capable of retaining data including the speed of a vehicle and the use of a safety belt, in the event of a collision to help understand how the vehicle's systems performed. The data contained in these boxes has raised privacy concerns pertaining to the ownership of the data, as well as the methods by which the data may be obtained and used.
This bill clarifies the ownership rights of not only black boxes, but also any device installed in a motor vehicle that records and preserves data, including automatic crash notification systems, global positioning systems, and geographic information systems.
