HR7117-118

1. Short title This Act may be cited as the Driver Data Control Act of 2024.

2. Limitation on Federal law enforcement use of data from a motor vehicle event data recorder Data from a motor vehicle event data recorder may be retrieved or used by Federal law enforcement without the consent of the owner only as follows: Pursuant to a valid search warrant. To facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems. Pursuant to a court order that provides the owner notice and 48 hours to object and request a hearing.

3. Limitation on use of data on a motor vehicle event data recorder The data on a motor vehicle event data recorder may not be retrieved or used by any person other than an owner of the motor vehicle without the written consent of an owner of such motor vehicle.

4. Rules related to insurers, lienholders, and lessors A lienholder or insurer of a motor vehicle may not retrieve or use the data on any event data recorder of a motor vehicle solely because the lienholder or insurer takes ownership of such vehicle as a result of a motor vehicle accident. An insurer may not condition the payment or settlement of an owner of a motor vehicle’s claim related to such motor vehicle on the owner's consent to the retrieval or use of the data on a motor vehicle event data recorder. An insurer or lessor of a motor vehicle may not require an owner of such motor vehicle to consent to the retrieval or use of the data on a motor vehicle event data recorder of such motor vehicle as a condition of providing a policy or lease.

5. Limitation on retrieval of data for the provision of emergency medical care The data on a motor vehicle event data recorder may be retrieved or used by a person other than an owner of the motor vehicle to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems.

6. Definitions In this Act: The term event data recorder has the meaning given such term in section 563.5 of title 49, Code of Federal Regulations, as in effect on October 1, 2011. The term motor vehicle has the meaning given such term in section 30102(a) of title 49, United States Code. The term owner means a person— in whose name a motor vehicle is registered or titled; who leases a motor vehicle for at least 3 months; who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or who is the attorney in fact, conservator, or personal representative for a person described in subparagraphs (A) through (C).