2014 -- S 2945

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LC005587

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - CONSUMER CAR INFORMATION

AND CHOICE ACT

     Introduced By: Senators Ruggerio, Goodwin, Gallo, Lynch, and Archambault

     Date Introduced: May 01, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Purpose. The general assembly hereby finds that:

     (a) (1) Today's motor vehicles are equipped with sophisticated computers that control

everything from comfort and convenience features in motor vehicles, (air temperature, seat

positions and infotainment) to critical safety features, (air bags and anti-lock brakes) and complex

engine systems (transmission, fuel, emissions and exhaust systems).

     (2) Vehicle computers analyze and collect information that is important to consumers

about the condition and performance of their motor vehicles, including safety, repair, maintenance

and diagnostic information.

     (3) These computers can and do also generate and collect sensitive personal information

about consumers and their driving behaviors. For example, motor vehicles have the capability to

collect precise location information as well as information about where and when consumers have

driven their motor vehicles, and where the driver works, lives and plays. Motor vehicles also are

capable of collecting information about how consumers drive, such as braking, acceleration and

speed information, and the number of passengers they carry.

     (4) In 2014, approximately one in five new motor vehicles sold are considered to be

connected cars. By 2025, it is expected that all new motor vehicles sold will be connected cars and

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 currently 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 own vehicle information or to transmit their own 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.

     (7) Proven, low-cost technical options exist that expand consumer access to the data

generated by a connected car.  Future technical solutions for secure vehicle data storage and

transmission will have the potential to further enhance consumer choice and access to vehicle

data.

     (b) It is therefore the intent of the general assembly 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 general assembly that, as part of this policy, to give

consumers more choice over who can access and use this information from their motor vehicles as

well as to establish rights for consumers to securely transmit this information from their motor

vehicles to service providers they prefer.

     SECTION 2. Title 31 of the General Laws entitled "MOTOR AND OTHER

VEHICLES" is hereby amended by adding thereto the following chapter:

CHAPTER 54

CONSUMER CAR INFORMATION AND CHOICE ACT

     31-54-1. Short title. -- This chapter shall be known and may be cited as the "Consumer

Car Information and Choice Act."

     31-54-2. Definitions. -- As used in this chapter, the following words and terms shall have

the following meanings:

      "Connected car" means a motor vehicle (cars and light trucks less than 10,000 lbs.

GVWR) that allows the transmission of data to and from the motor vehicle using one or more

embedded or mobile communication devices. These devices connect to telecommunications

networks, including, but not limited to, Telematics Service Providers (TSPs), wireless and

landline communication networks and global positioning system satellites.

     (2)(i) "Connected car vehicle data" means information about the vehicle produced by a

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vehicle component, system or systems, including, but not limited to:

     (A) Information accessible, via protocols specified in Society for Automotive Engineers

SAE J1979;

     (B) The motor vehicle's vehicle identification number (VIN);

     (C) Diagnostic trouble codes and sensor data;

     (D) Speed, distance, braking, acceleration and steering information; or

     (E) Seat-belt use, air bag deployment, collision and accident information, geo-location,

time-of-day driven, miles driven, trip duration-driven, fuel level, pressure, and octane/alcohol

content, tire pressure, passenger, battery, door lock status and odometer information.

      (ii) Connected car vehicle data does not include:

     (A) Data generated by an event data recorder as defined in 49 CFR 563.5; or

     (B) Data related to or bi-directional communication enabling:

     (I) The reset or reprogramming of vehicle control modules, including, but not limited to,

airbags, roll over sensors, anti-lock braking systems, traction control, or any other modules that

are configured by a supplier or at the vehicle manufacturer's production facility and pair that

component to a specific nameplate; or

     (II) Actuation of vehicle components while a vehicle is in motion; or

     (III) Direct memory access to vehicle computers; or

     (IV) Erasing information from vehicle systems or components; or

     (V) Access or control of vehicle safety systems in such a way as to disable the vehicle or

alter operation of vehicle components or systems to endanger a driver, vehicle occupant, or other

road users.

     (3) "Registered owner" means a person registered by the division of motor vehicles as the

owner of a vehicle pursuant to chapter 3 of title 31, or such owner's designee, including the lessee

as shown on the registration card for such leased vehicle.

     (4) "Vehicle manufacturer" means any person, partnership, firm, association, corporation,

or trust, resident or nonresident, who manufactures or assembles new motor vehicles, or imports

for distribution through distributors of motor vehicles, or any partnership, firm, association, joint

venture, corporation, or trust, resident or nonresident, which is controlled by the vehicle

manufacturer.

     31-54-3. Vehicle Manufacturer's Duties. -- (a) Any vehicle manufacturer distributing a

motor vehicle for sale or lease in this state that generates or collects connected car vehicle data

shall:

     (1) Disclose that fact and describe the types of connected car vehicle data generated or

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collected by the new motor vehicle in a plainly written statement included in the owner's manual

for such motor vehicle; and

     (2) Provide the statement described in subsection (a)(1) herein in a separate and

freestanding document printed in no less than twelve (12) point type to the prospective registered

owner of the new motor vehicle prior to the purchase or lease of such vehicle; and

     (3) Include the following statement printed in no less than fourteen (14) point bold type

in the owner's manual for the new motor vehicle and in the statement described in subsection

(a)(2) herein: "THIS MOTOR VEHICLE GENERATES AND COLLECTS INFORMATION

ABOUT YOU, HOW YOU DRIVE AND THE CONDITION OF YOUR MOTOR VEHICLE.

UNDER RHODE ISLAND LAW, YOU HAVE RIGHTS TO CHOOSE WHO CAN ACCESS

THIS INFORMATION".

     (b) Beginning with model year 2017, a vehicle manufacturer distributing a connected car

for sale or lease in this state shall:

     (1) Make the connected car vehicle data generated by the connected car available to a

registered owner of the connected car in a non-proprietary, readable format. A vehicle

manufacturer of a connected car shall use the same non-proprietary data format in each connected

car it distributes in this state.

     (2) Provide the registered owner of the connected car the ability to securely transmit the

connected car vehicle data specified in this section outside of the motor vehicle to any recipient

selected by the registered owner.

     (i) The vehicle manufacturer may not impose any fees or charges on a registered owner to

make transmissions of vehicle information required under this section.

     (ii) The vehicle manufacturer shall provide fair, nondiscriminatory and reasonable means

for recipients selected by the registered owner to receive the connected car vehicle data as

specified in subsection (b)(1) herein.

     (iii) The registered owner is responsible for reasonable costs associated with accessing or

transmitting information through embedded or mobile communication devices.

     (c) A vehicle manufacturer may not limit, impair or otherwise restrict by any means the

ability of a registered owner to access, use or transmit connected car vehicle data as specified

under this section and may not take any adverse action against a registered owner for accessing or

using connected car vehicle data, for transmitting connected car vehicle data outside the motor

vehicle to recipients other than the vehicle manufacturer or for obtaining services that use

connected car vehicle data from such recipients.

     (d) Connected car vehicle data may not be downloaded or transmitted outside a motor

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vehicle or otherwise retrieved from a motor vehicle except under the following circumstances:

     (1) A registered owner of the motor vehicle consents to the download, transmission or

retrieval; or

     (2) The connected car vehicle data is downloaded, transmitted or retrieved by the vehicle

manufacturer of the motor vehicle, provided that the vehicle manufacturer may not release or

otherwise disclose the vehicle information to any person other than a registered owner of the

motor vehicle, unless such connected car vehicle data is in a form that cannot identify any

registered owner or driver of the motor vehicle; or

     (3) The connected car vehicle data is downloaded, transmitted or retrieved for the

purpose of diagnosing, servicing or repairing a motor vehicle at the request of a registered owner

or driver of such motor vehicle; or

     (4) For the purpose of improving motor vehicle safety, including for medical research of

the reaction of the human body to motor vehicle accidents, provided that the identity of no

registered owner or driver is disclosed in connection with that retrieved information. The

disclosure of the vehicle identification number (VIN) for the purpose of improving vehicle safety,

including for medical research of the reaction of the human body to motor vehicle accidents, does

not constitute the disclosure of the identity of a registered owner or driver for purposes of this

subsection. A recipient authorized to download or otherwise retrieve connected car vehicle data

pursuant to this subsection may not release that connected car vehicle data, 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 no registered owner or driver is disclosed; or

     (5) In response to an order of a court having jurisdiction to issue the order.

     (e) A registered owner of a motor vehicle may not be compelled to access, download or

retrieve connected car vehicle data from the motor vehicle or transmit connected car vehicle data

outside the motor vehicle except pursuant to an order of a court having jurisdiction to issue the

order or as otherwise required by law.

     (f) Nothing required herein shall relieve vehicle manufacturers from 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 such systems.

     (g) Nothing required herein shall require a vehicle manufacturer of a motor vehicle to

disclose trade secrets, as defined in § 6-41-1(4) of the Rhode Island general laws.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - CONSUMER CAR INFORMATION

AND CHOICE ACT

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     This act would regulate the generation, collection, analysis, dissemination and sharing of

connected care vehicle data and would provide the consumer with notice and protect consumer

rights relating to access to and sharing of said connected car vehicle data.

     This act would take effect upon passage.

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