ABC: "Hoeven, Klobuchar introduce Driver Privacy Act"

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seanhaight
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ABC: "Hoeven, Klobuchar introduce Driver Privacy Act"

Post by seanhaight »

http://www.wdaz.com/event/article/id/21 ... /homepage/
WASHINGTON – Senators John Hoeven (R-N.D.) and Amy Klobuchar (D-Minn.) today introduced their Driver Privacy Act, legislation that protects a driver’s personal privacy by making it clear that the owner of a vehicle is also the owner of any information collected by an Event Data Recorder (EDR).

An EDR has the ability to continuously collect at least 45 pieces of information about a vehicle’s operation that can be retrieved at any time. This includes direction, speed, seatbelt usage and other data. The senators’ legislation would ensure that the vehicle owner controls the data to protect personal privacy.

The National Highway Traffic Safety Administration (NHTSA) estimates that more than 96 percent of new 2013 car models are currently equipped with an EDR, but in December 2012 the agency proposed rules that would mandate the installation of EDRs in all light-duty vehicles. The proposal raised widespread questions and concerns regarding the ownership of the data, which prompted Senators Hoeven and Klobuchar to craft legislation that would protect drivers anywhere in the United States.

In fact, 14 states, including North Dakota, have passed laws related to EDRs. States with laws protecting drivers’ ownership of EDR data include Arkansas, California, Colorado, Connecticut, Maine, Nevada, New Hampshire, New York, North Dakota, Oregon, Texas, Utah, Virginia and Washington. North Dakota passed an EDR privacy statue in 2005, while Senator Hoeven was governor.

These state laws, however, apply only in the states that have them; drivers are unprotected in states that do not. To address privacy concerns regarding the device, the Hoeven-Klobuchar legislation specifies that data from an EDR may not be retrieved in any state unless:

· Authorized by a court of law

· The vehicle owner or lessee consents to the data retrieval

· The information is retrieved pursuant to a NHTSA recall and all personally identifiable information is not disclosed

· The information is retrieved in determining the need for emergency medical response following a motor vehicle crash (used in vehicles equipped with Advanced Automatic Crash Notification systems)

· The information is retrieved for traffic safety research

“Technology is advancing at an unprecedented pace, and that poses new risks to personal privacy and new concerns for the public,” Hoeven said. “While EDRs can serve a useful function by helping to make cars and streets safer, access to the data should be treated as personal except under very specific circumstances. Our bill makes clear what those circumstances are and helps to ensure that government and other entities respect the Fourth Amendment rights of Americans.”

“These devices can play an important role in providing information to help improve vehicle safety and to make our roads safer for everyone, but they also raise some legitimate concerns about consumer privacy,” Klobuchar said. “This legislation addresses those concerns and makes clear that the owner of the vehicle is the rightful owner of the data collected by an event data recorder.”

Cosponsors of the bill include Senators Roy Blunt (R-Mo.), Joe Manchin (D-W.Va.), Johnny Isakson (R-Ga.), Mark Begich (D-Alaska), Saxby Chambliss (R-Ga.), Ron Wyden (D-Ore.), Rob Portman (R-Ohio), Angus King (I-Maine), Orrin Hatch (R-Utah), Michael Bennet (D-Col.), Mike Johanns (R-Neb.), Mazie Hirono (D-Hawaii), Chris Coons (D-Del.) Al Franken (D-Minn.), John Thune (R-S.D.) and Mark Kirk (R-Ill.).
http://www.wdaz.com/event/article/id/21 ... /homepage/
Sean Haight, PhD

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Ted Hall
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Re: ABC: "Hoeven, Klobuchar introduce Driver Privacy Act"

Post by Ted Hall »

What good are all these laws if access to the car is prevented?
Here's part a of a letter I've sent to the NHTSA and other "authorities" and still don't have access.

Subject: State Farm and IAA problem

State Farm and IAA are conspiring to prevent access to the car my son-in-law (Stan Chandler) died in on 6-12-2014.
I need to have an investigation done of the safety equipment for failure and have the crash information from the EDR (black box) downloaded and analyzed.
The car was first impounded on June 12, 2014 in Delight, AR and then moved by State Farm (without authorization from Linda Chandler, my daughter and Stan’s wife) to the IAA yard at Scott, AR.
State Farm states they have to give "their permission" to the IAA yard before IAA can permit anyone to access the car.
I haven’t been allowed access because their Total Loss agent in charge of the car (Walter Ennis) keeps claiming he sent the permission but then IAAs' yard manager (Beth Merchant) says he hasn’t and IAA also keeps changing what they require from Walter Ennis as this continues. (How can IAA dictate what type of “permission” they require from State Farm??)
The “requirement” from IAA on last Friday, 7-24-2014 was that they needed a “hard copy” email from Walter Ennis, but by that time the agent had left his office due to a “power failure in the building.”
This is the type of stalling I’ve been subjected to for weeks since 6-27-2014.
I’ve tried to resolve this problem by talking to two other Total Loss agents but they just do the same thing.
Something is very wrong, like the car isn’t there anymore because it’s already been sold for salvage. There’s got to be criminal activity here that they’re trying to hide.
I’ve tried to get someone of authority (Lonoke sheriff’s dept) to go to the yard and verify
that the car is actually there and still intact but they refused.

The car was a new 2014 Dodge Challenger (Black, 2 weeks old).
The VIN # is 2C3CDYAG7EH233151.

Can we have arrest warrants for theft of the car’s EDR data issued against IAAs’ Beth Merchant and State Farms’ Walter Ennis?

Thanks for any information,

Ted A. Hall

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mikemerolli
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Re: ABC: "Hoeven, Klobuchar introduce Driver Privacy Act"

Post by mikemerolli »

Ted
I would advise you contact a lawyer and have them send a letter to State Farm.
Mike Merolli, ACTAR #1518
MAPFRE INSURANCE
SIU Accident Reconstructionist
Phone | 508.943.9000 Ext. 15071 | Cell | 508.208.8517
Email | mmerolli@mapfreusa.com | Fax | 508.671.3071 | http://www.mapfreinsurance.com

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Ted Hall
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Re: ABC: "Hoeven, Klobuchar introduce Driver Privacy Act"

Post by Ted Hall »

Mike
Thanks so much for the reply and good advice.
Basically that's what's happening now with the second attorney. The first attorney couldn't even get information he requested from the other parties insurance, Farm Bureau, or get the basic estate set up. He wasted over a month of invaluable time.
Our present attorney has been on the case for only a week and already accomplished more than his predecessor did in a month.
All that was in the case file he mailed back to our daughter was the accident report and the pictures of the wrecked Challenger I took the morning after the wreck.
IAA and State Farm have both been involved in a major class action suit (40,000 vehicles) for fraudulent titles of salvage vehicles.
Search for IS STATE FARM INSURANCE "LIKE A GOOD NEIGHBOR"? and STATE FARM INSURANCE, LIBERTY MUTUAL INSURANCE, INSURANCE AUTO AUCTIONS FRAUD articles on the internet.

Thanks again, Ted

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