2015 -- S 0660

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LC000260

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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, McCaffrey, Miller, and Archambault

     Date Introduced: March 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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and diagnostic information.

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

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

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

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

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

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speed information, and the number of passengers they carry.

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

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

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will have wireless data transmission capabilities along with the capacity to generate vast quantities

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of information about consumers, their driving habits and the condition and performance of their

 

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motor vehicles.

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     (5) It is currently unclear who has the right to control the dissemination of consumer

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vehicle information, as there are no uniform standards or policies that address this issue with

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respect to the broad array of consumer vehicle information that may be shared. Today, consumers

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have limited ability to access their own vehicle information or to transmit their own vehicle

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information from their motor vehicles to service providers of their choice.

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     (6) Restricting consumers' ability to choose who can access information from their motor

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vehicles reduces competition and innovation and negatively affects consumers' ability to select the

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services they prefer and realize the full value of the motor vehicles they own or lease.

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

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

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

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data.

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     (b) It is therefore the intent of the general assembly to create a uniform policy that ensures

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that consumers are clearly informed of the kinds of information their motor vehicles generate and

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collect about them, including information about their driving habits and the condition of their

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motor vehicles. It is also the intent of the general assembly that, as part of this policy, to give

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

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

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vehicles to service providers they prefer.

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

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

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CHAPTER 54

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CONSUMER CAR INFORMATION AND CHOICE ACT

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

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Car Information and Choice Act."

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

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the following meanings:

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

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

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embedded or mobile communication devices. These devices connect to telecommunications

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

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landline communication networks and global positioning system satellites.

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     (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:

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

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SAE J1979;

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

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     (C) Diagnostic trouble codes and sensor data;

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

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

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

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

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      (ii) Connected car vehicle data does not include:

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

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

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

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

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

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component to a specific nameplate; or

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

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     (III) Direct memory access to vehicle computers; or

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

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

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

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road users.

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

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

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as shown on the registration card for such leased vehicle.

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

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

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

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

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manufacturer.

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

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

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shall:

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     (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

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for such motor vehicle; and

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

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

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

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

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

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

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

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

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THIS INFORMATION".

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

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for sale or lease in this state shall:

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

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

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

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car it distributes in this state.

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

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

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selected by the registered owner.

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

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make transmissions of vehicle information required under this section.

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

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

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specified in subsection (b)(1) herein.

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

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transmitting information through embedded or mobile communication devices.

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

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

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

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

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

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connected car vehicle data from such recipients.

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     (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:

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

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retrieval; or

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

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

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

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

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registered owner or driver of the motor vehicle; or

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

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

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or driver of such motor vehicle; or

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

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

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

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

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

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

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

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pursuant to this subsection may not release that connected car vehicle data, except to share that

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information among the motor vehicle safety and medical research communities to advance motor

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vehicle safety, and only if the identity of no registered owner or driver is disclosed; or

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

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

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

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

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order or as otherwise required by law.

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     (f) Nothing required herein shall relieve vehicle manufacturers from the duty to create

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secure telematics, computer and other electronic systems in the motor vehicles they manufacture,

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including the duty to prevent unauthorized access into such systems.

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

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disclose trade secrets, as defined in § 6-41-1(4).

 

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     SECTION 3. This act shall take effect upon passage.

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LC000260

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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

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

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

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     This act would take effect upon passage.

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