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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Digital Commerce and Consumer Protection.
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