BILL NUMBER: SB 994 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2014
INTRODUCED BY Senator Monning
FEBRUARY 12, 2014
An act to amend Section 31 of add Section
9957 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 994, as amended, Monning. Vehicles.
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 Vehicle Information Choice and
Control Act. The bill would require a manufacturer of any new motor
vehicle sold or leased in this state on or after January 1, 2016,
that generates or collects vehicle information, as defined, to make
certain disclosures to the registered owner regarding the generation
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 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 the
registered owner, except 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.
Existing law prohibits a person from giving, either orally or in
writing, information to a peace officer while in the performance of
the officer's duties under the provisions of the Vehicle Code when
that person knows that the information is false.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
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 Vehicle Information Choice and Control 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 generate 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 generate and collect sensitive
personal information about consumers and their driving behaviors. 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.
(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 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.
(6) Restricting consumers' ability to choose who can access
information from their motor vehicles reduces competition and
innovation and negatively affects consumers' ability to select the
services they prefer and realize the full value of the motor vehicles
they own or lease.
(b) It is therefore the intent of the Legislature to create a
uniform policy that ensures that consumers are clearly informed of
the kinds of information their motor vehicles generate 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 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 new vehicles sold or leased in
this state on or after January 1, 2016.
(b) A manufacturer of a new motor vehicle sold or leased in this
state that generates or collects vehicle information shall do all of
the following:
(1) Disclose that the motor vehicle generates or collects vehicle
information and describe the types of vehicle information generated
or collected by the motor vehicle 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) The statement in the owner's manual pursuant to paragraph (1)
and the statement contained in the separate document described in
paragraph (2) shall include the following statement in 14-point bold
type:
"THIS MOTOR VEHICLE GENERATES AND COLLECTS INFORMATION ABOUT YOU,
HOW YOU DRIVE, AND THE CONDITION OF YOUR MOTOR VEHICLE. UNDER
CALIFORNIA LAW, YOU THE HAVE RIGHT TO CHOOSE WHO CAN ACCESS THIS
INFORMATION FROM YOUR MOTOR VEHICLE."
(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 generates 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.
(2) Fair and reasonable access to tools and information reasonably
necessary to use 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.
(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.
(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 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) The vehicle information is downloaded, transmitted, or
retrieved by the manufacturer of the motor vehicle. The manufacturer
shall not 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
registered owner or driver of the motor vehicle.
(3) 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.
(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.
(5) In response to an order of a court having jurisdiction to
issue the order.
(f) 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
except pursuant to an order of a court having jurisdiction to issue
the order or as otherwise required by law.
(g) 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) For purposes of this section, "vehicle information" means any
and all data that is generated or collected by a motor vehicle
through a computer or other device embedded or integrated into a
motor vehicle 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:
(1) The name, address, e-mail address, and telephone number of the
registered owner or driver of the motor vehicle and the motor
vehicle's vehicle identification number.
(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.
(j) 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.
(k) 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.
SECTION 1. Section 31 of the Vehicle Code is
amended to read:
31. A person shall not give, either orally or in writing,
information that the person knows is false to a peace officer who is
performing his or her duties pursuant to the provisions of this code.