I 112th CONGRESS 1st Session H. R. 2374 IN THE HOUSE OF REPRESENTATIVES June 24, 2011 Mr. Capuano introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require automobile dealers 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.

1.

Findings

Congress finds that— (1)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; and (2)there exists no Federal law clarifying the rights of a vehicle owner to ownership of the recorded data and, in the absence of Federal direction, States have begun to create different standards of ownership and rights for recorded data.

2.

Ownership and unlawful retrieval of event data recorder data

(a)

Ownership rights; conduct prohibited

Any event data recorder in a motor vehicle and any data recorded on any event data recorder in a motor vehicle shall be considered the property of the owner of the motor vehicle. It shall be unlawful for any person other than the owner of the motor vehicle 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 motor vehicle 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 motor vehicle dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the motor vehicle. (4)For the purpose of improving motor vehicle safety, including medical research on 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 data. (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)

Federal Trade Commission Authority

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. (d)

Definitions

As used in this section— (1)the term dealer has the meaning given that term in section 30102(a) of title 49, United States Code; (2)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; and (3)the terms manufacturer and new automobile have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (e)

Effective date

This section shall take effect 180 days after the date of enactment of this Act.

3.

Requirement for event data recorders on new automobiles

Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

30129.

Requirement to allow disabling of event data recorder

(a)

Requirement

It shall be unlawful for any person to manufacture for sale, sell, offer for sale, introduce, or deliver into interstate commerce, or import into the United States, a new motor vehicle manufactured after 2011 (and bearing a model year of 2013 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the owner of the motor vehicle has the option to enable or disable the recording function of the event data recorder. Once disabled, the recording function shall not resume functioning until the owner elects to enable such functioning. (b)

Definitions

As used in the section, 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

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