2016 -- S 2055

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LC003650

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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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, Lynch Prata, and Jabour

     Date Introduced: January 13, 2016

     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) Findings. (1) Today's motor vehicles are equipped with sophisticated computers that

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control 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 (5) 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) Today, consumers lack complete access to their own vehicle information and have

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limited ability to transmit their vehicle information from their motor vehicles to service providers

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of their choice. While some in the industry have made commitments to transparency, consumers

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still are not provided with information on their right to choose a service provider to access and

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analyze such data.

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     (6) Consumers would benefit from broad choices of service providers who can access

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information from their motor vehicles since this competition among service providers would

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promote innovation and consumer welfare.

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

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generated by their vehicle.  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) Declaration of intent. It is therefore the intent of the general assembly to give

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consumers more choice and control over who can access and use information generated by their

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

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from their motor vehicles to the service providers of their choosing.

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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 ten thousand

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pounds (10,000 lbs.) gross vehicle weight rating (GVWR)) that allows the transmission of data to

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and from the motor vehicle using one or more embedded or mobile communication devices.

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These devices connect to telecommunications networks, including, but not limited to, telematics

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service providers (TSPs), wireless and landline communication networks and global positioning

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system satellites.

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

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by an embedded vehicle component, system, or systems that the vehicle is designed to transmit

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using one or more embedded or mobile communication devices. Such data may include, but not

 

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be limited to:

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

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SAEJ1979;

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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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miles driven, fuel level and pressure, tire pressure, battery condition, 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 of a module or at the vehicle manufacturer's production facility and

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pair that module to a specific nameplate, unless such information is available as part of a

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manufacturer-approved diagnostic or repair procedure; or

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

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     (III) Direct memory access to vehicle computers;

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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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     (D) Data pertaining to the establishment of a connection to a wireless or landline

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communication network or global positioning system satellite, or to any contents of any such

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connections.

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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) Beginning with model year 2019, a

 

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vehicle manufacturer distributing a connected car 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 or its designee in a non-proprietary, readable format. A

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

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connected 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. In connection with this ability, the vehicle manufacturer:

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     (i) May not impose any fees or charges on a registered owner to make transmissions of

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vehicle information required under this section other than standard data transmission charges;

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     (ii) Shall provide fair, reasonable and nondiscriminatory means for recipients selected by

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the registered owner to receive securely the connected car vehicle data as specified in subsection

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(a)(1) of this section; and

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     (iii) May hold the registered owner or its designee responsible for reasonable costs

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associated with accessing or transmitting information through embedded or mobile

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communication devices.

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     (b) 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, transmit connected car vehicle data as specified under

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

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

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

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vehicle data from such recipients.

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     (c) 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 provides consent to the download,

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transmission or retrieval by way of affirmation or the acceptance and use of connected car

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services, notwithstanding a vehicle manufacturer’s duties as provided in subsections (a) and (b) of

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this section;

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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 without consent, as provided in subsection (c)(1) of this

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section, provided that the vehicle manufacturer may not release or otherwise disclose the vehicle

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information to any person other than a registered owner of the motor vehicle, unless such

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connected car vehicle data has been anonymized and is in a form that cannot identify any

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registered owner or driver of the motor vehicle;

 

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

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purpose of providing data to or contacting an emergency service provider;

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     (4) 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;

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

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     (d) 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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     (e) Nothing required herein shall relieve vehicle manufacturers and third-party recipients

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of connected car data from the duty to create secure telematics, computer, and other electronic

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systems in the motor vehicles they manufacture or the databases they maintain, including the duty

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to prevent unauthorized access into such systems.

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     (f) 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), or to disclose the intellectual property involved in

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the generation of connected car vehicle data required to be made available by this chapter.

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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

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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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