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"Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

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"Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

Post by seanhaight » Fri Feb 13, 2015 8:45 am

http://www.ocsignal.com/2015/02/maddenb ... -advances/

TRENTON – Legislation sponsored by Senators Fred Madden and Jim Beach to limit access to data from devices in certain automobiles that can capture information about the driver’s activity was approved today by the Senate Law and Public Safety Committee.

The bill (S-2433) would give the owner of a motor vehicle the sole right to access information stored in its black box, also known as an “electronic control module” (ECM) or an “event data recorder” (EDR). Such devices are capable of recording information about vehicle speed, seatbelt use, airbag deployment and locations traveled.

The legislation also includes a provision prohibiting data from being altered or deleted for at least two years after a crash that results in bodily injury or death. Violation of the provision would result in a civil penalty of $5,000 for each offense.

“Most new vehicles contain black boxes, unbeknownst to many drivers. While the information stored on the devices can be critical to piecing together events that transpired during an auto accident, there is also driver data being collected that should be protected. This will regulate who can access data on the black box and for what purpose,” said Senator Madden (D-Camden/Gloucester).

“As technology changes, we need to ensure that we are updating our laws in a way that provides for the best utilization of these new tools, especially when it comes to improvements that can help protect the public safety. However, we also must work to protect the privacy of our residents. This bill addresses both the allowable uses of the data and safeguards information that should be protected,” said SenatorBeach (D-Camden).

Under the bill, no person except the owner of the motor vehicle that contains the recording device, or the owner’s representative, may retrieve, obtain or use data recorded on, stored in or transmitted from the recording device, unless:

- The owner or the owner’s representative consents;
- The recorded data is retrieved or obtained by a law enforcement officer pursuant to a search warrant;
- The recorded data is used for the purpose of improving motor vehicle safety, provided that the identity of the owner, operator or other occupant of the motor vehicle is not disclosed with respect to the data;
- The recorded data is retrieved by a licensed motor vehicle dealer, repair or servicing facility and used for the sole purpose of diagnosing, servicing or repairing the vehicle, or;
- The recorded data is accessed by an emergency responder and used for the sole purpose of determining the need for or facilitating an emergency medical response in the event of a crash, and assisting the responder in performing his or her duties; or
- The recorded data is retrieved or obtained pursuant to a legally proper discovery request or order in a civil action, or is obtained pursuant to a grand jury subpoena. This however, would exclude video location data obtained through grand jury subpoena.

The bill would also allow a vehicle owner to consent to give a third party access to information contained on the device.

“Black boxes” are common among new vehicles. In 2012 the National Transportation Safety Agency proposed that all new vehicles manufactured after September 2014 contain “black boxes.” There are currently no regulations concerning who has access to the data in motor vehicle black boxes and for what purposes. The bill was approved by a vote of 4-0. It next goes to the full Senate for consideration.


http://www.ocsignal.com/2015/02/maddenb ... -advances/
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Re: "Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

Post by actar670 » Fri Feb 13, 2015 9:22 am

"The legislation also includes a provision prohibiting data from being altered or deleted for at least two years after a crash that results in bodily injury or death. Violation of the provision would result in a civil penalty of $5,000 for each offense."

I can see private reconstructionists - or dedicated staff at insurance companies - getting a lot more work with this included in the new bill. They are all but mandated to download a supported vehicle before they sell it at auction under this provision.
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Re: "Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

Post by Medwell » Sat Mar 21, 2015 9:04 am

from the New Jersey Law Journal

Someone please post a comment to respond to Tom Kowalick who calls EDR data "personal information"

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Chris Medwell PE
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Re: "Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

Post by wade_b » Sun Mar 22, 2015 10:43 am

Chris: Doesn't Kowalick sell an OBD lockout-device to "protect your data"? -Wade Bartlett
**************************
Wade Bartlett, PE
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http://www.mfes.com

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Re: "Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

Post by Medwell » Tue Mar 24, 2015 7:03 am

Yes Wade, that's the guy. His comment reads like the press release for his product - (paraphrasing) CDR data is personal information, you can protect yourself from unauthorized access to it using this product...the site wants me to open an account before I can look at the article again so his comment remains unanswered.
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Re: "Bill to Restrict Access to Motor Vehicle Data, Protect Driver Privacy"

Post by KentBoots » Fri Apr 03, 2015 3:19 pm

Group,

The device is called an Autocyb-Cyblok, and is actually a pretty secure device when locked on the DLC port (yes I bought one). At the time I paid $30 and they are now selling for $95. The web site is http://www.autocyb.com.

While it may restrict access to the front of the DLC port, it will not stop you from pinching into the wires on the back of the DLC.

I sell a DLC adapter kit that includes a set of 4 wire piercing devices. It is effectively a surrogate DLC. The product has an introductory price of $150. If you are interested send me an e-mail: kent@factualdiagrams.com

Kent

DLC Adapter.jpg
DLC Adapter.jpg (73.29 KiB) Viewed 13283 times
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Re: "Bill to Restrict Access to Motor Vehicle Data, Protect

Post by bkt » Wed Apr 08, 2015 6:13 am

The legislation also includes a provision prohibiting data from being altered or deleted for at least two years after a crash that results in bodily injury or death. Violation of the provision would result in a civil penalty of $5,000 for each offense.


The general public is going to be pretty ticked off when they find out they won't be able to drive their cars for two years after a crash in which someone was injured or killed. Not all crashes of that type result in a vehicle that is not drivable or reparable. Otherwise, how does one prevent non-deployment data from being overwritten (i.e. altered or deleted)? That data MUST be preserved for two years. I guess they could require the box be replaced in all crashes in which an injury or death occurred, even if it is a non-deployment.

If this becomes law, I guess the thing to do is demand the insurance company pay for a rental vehicle for two years so the data can be preserved. If the car isn't reparable, then there will be some hefty storage fees to store a vehicle for two years to protect that data.
Bonnie Talik, Managing Member
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http://www.linkedin.com/in/bonnie-talik


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