Overview

Title

To limit Federal law enforcement use of data from motor vehicle event data recorders, and for other purposes.

ELI5 AI

H.R. 7117 is like a special rule that says police and other people can't look at the data from your car's "black box" without asking for permission, unless they really, really need to for emergencies, and the insurance companies can't look at it unless you say it's okay.

Summary AI

H.R. 7117, also known as the “Driver Data Control Act of 2024,” aims to restrict the use of data from motor vehicle event data recorders by federal law enforcement and others without the owner's consent. Data can be accessed by law enforcement only with a valid search warrant, for emergency medical purposes, or by court order with owner notification. The bill also prohibits insurers and lienholders from using event data without written consent from the vehicle owner, ensuring protection against unauthorized data access in cases of vehicle accidents or insurance claims.

Published

2024-01-29
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-01-29
Package ID: BILLS-118hr7117ih

Bill Statistics

Size

Sections:
6
Words:
841
Pages:
4
Sentences:
18

Language

Nouns: 317
Verbs: 50
Adjectives: 26
Adverbs: 5
Numbers: 24
Entities: 37

Complexity

Average Token Length:
4.04
Average Sentence Length:
46.72
Token Entropy:
4.71
Readability (ARI):
24.71

AnalysisAI

General Summary of the Bill

The "Driver Data Control Act of 2024," introduced in the U.S. House of Representatives, aims to regulate how data from motor vehicle event data recorders, often referred to as "black boxes," can be used. Federal law enforcement is restricted from accessing this data without the vehicle owner's consent, except under certain conditions such as having a valid search warrant or during emergencies. The bill also places limitations on insurance companies, lienholders, and lessors from requiring access to this data as a condition for services, settlements, or ownership transfer.

Summary of Significant Issues

One of the primary concerns outlined in the bill is the ambiguous nature of what constitutes a "valid search warrant." This undefined term could potentially lead to issues surrounding unlawful searches and seizures, a critical legal and constitutional concern. Additionally, there are privacy concerns related to data retrieval for emergency medical situations, which may be open to misuse.

Moreover, the bill allows for data to be retrieved by subscription service companies during emergencies, raising ethical concerns about commercial influence and privacy. Furthermore, the bill lacks explicit penalties for violations by insurers and lienholders, which might affect the enforceability of the legislation.

Potential Impact on the Public

For the general public, the bill aims to protect vehicle owners' privacy by limiting when and how external parties can access vehicle data. This protection promotes a sense of data security and personal privacy for vehicle owners, potentially reducing unauthorized or exploitative access to sensitive information. However, the ambiguity in certain terms and conditions might create legal uncertainty, which could affect the public's trust in how effectively the law is applied.

Impact on Specific Stakeholders

Vehicle Owners: The bill could positively impact vehicle owners by enhancing privacy protections. However, any vagueness in the bill's language might lead to disputes or misuse by entities seeking data access.

Federal Law Enforcement: The bill restricts the circumstances under which data can be accessed, which might impede certain investigations without proper justification. This restraint, while protective of individual rights, may hinder timely information access in critical situations.

Insurance Companies and Lienholders: These stakeholders might face challenges due to limitations on accessing data for claim settlements or ownership transfers. While intended to protect vehicle owners, these restrictions could complicate the claims process or risk assessments.

Subscription Service Providers: These companies might benefit from the allowance to retrieve data during emergencies, although this raises questions about their role and the safeguards necessary to protect user privacy.

In summary, the "Driver Data Control Act of 2024" reflects a significant step toward securing data privacy for vehicle owners, balancing it against public safety and investigative needs. However, clarified definitions and enforcement mechanisms are essential to ensuring the legislation does not inadvertently create new problems or legal uncertainties.

Issues

  • Section 2: The phrase 'valid search warrant' could be potentially ambiguous, as it may require further definition of what constitutes a 'valid' warrant in this context, raising concerns over the protection against unlawful searches and seizures, a fundamental legal issue.

  • Section 5: The provision for retrieving data to facilitate emergency medical care might lead to privacy concerns due to potential misuse of data under the guise of an emergency, highlighting ethical and legal concerns about data privacy and protection.

  • Section 5: The data retrieval mechanism for emergency medical care is not elaborated, potentially leading to privacy and security concerns about unauthorized data access, which is a significant issue for motor vehicle owners.

  • Sections 2 and 5: The allowance for retrieval of data by companies that provide subscription services could be seen as favoritism towards these companies and raises privacy concerns without clear limitations or safeguards, prompting ethical questions around data access and commercial influence.

  • Section 3: The section does not specify any exceptions to the rule, such as usage by law enforcement or during investigations, which could lead to ambiguity in legal enforcement, potentially creating legal and enforcement challenges.

  • Section 4: The phrase 'may not condition the payment or settlement' of insurance claims on consent to data retrieval might benefit from clearer definition to prevent disputes, which is significant for financial and legal reasons.

  • Section 4: The lack of specified implications or penalties for insurers, lienholders, or lessors violating rules regarding data retrieval could be a regulatory gap, impacting the enforcement landscape and potentially financial repercussions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that the official name for the legislation is the "Driver Data Control Act of 2024."

2. Limitation on Federal law enforcement use of data from a motor vehicle event data recorder Read Opens in new tab

Summary AI

The section outlines when Federal law enforcement can use data from a motor vehicle event data recorder without the owner's consent. They can do so with a valid search warrant, to help with emergency medical situations, or if there is a court order that notifies the owner and gives them 48 hours to object.

3. Limitation on use of data on a motor vehicle event data recorder Read Opens in new tab

Summary AI

The section states that the information on a car's event data recorder cannot be accessed or used by anyone except the car's owner, unless the owner provides written permission.

4. Rules related to insurers, lienholders, and lessors Read Opens in new tab

Summary AI

A lienholder or insurer cannot access data from a motor vehicle's event data recorder just because they own the vehicle after an accident. Additionally, insurers cannot make payment of a claim dependent on the owner's permission to access this data, and insurers or lessors cannot require this consent as a condition for insurance or leasing.

5. Limitation on retrieval of data for the provision of emergency medical care Read Opens in new tab

Summary AI

In this section, it is stated that data from a motor vehicle's event data recorder can be accessed by someone other than the vehicle's owner if it is necessary to determine or provide emergency medical care after a crash or emergency. This access may include obtaining data from subscription services used by the vehicle owner for safety and security communications.

6. Definitions Read Opens in new tab

Summary AI

In this section, the bill defines key terms such as "event data recorder," which refers to a specific definition in another federal regulation, "motor vehicle," as defined in the United States Code, and "owner," which includes anyone who has registered, leased, bought, or legally represents someone with a motor vehicle.