1.1 	A bill for an act
1.2 	relating to consumer protection; regulating the use of motor vehicle event data 
1.3 	recorders; requiring certain disclosures; restricting the use of certain data; 
1.4 	proposing coding for new law in Minnesota Statutes, chapter 325F.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [325F.6667] MOTOR VEHICLE EVENT DATA RECORDERS.
1.7 		Subdivision 1.Disclosure required. A manufacturer of a new motor vehicle sold 
1.8 	or leased in this state, which is equipped with one or more recording devices commonly 
1.9 	referred to as "event data recorders (EDR)," including "sensing and diagnostic modules 
1.10 	(SDM)," shall disclose that fact in the owner's manual for the vehicle.
1.11 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this 
1.12 	subdivision have the meanings given:
1.13 	(b) "Owner" means a person having all the incidents of ownership, including the 
1.14 	legal title of a vehicle, whether or not the person lends, rents, or creates a security interest 
1.15 	in the vehicle; a person entitled to the possession of a vehicle as the purchaser under a 
1.16 	security agreement; or the person entitled to possession of the vehicle as lessee under 
1.17 	a written lease agreement, provided that the agreement at inception is for a period in 
1.18 	excess of three months.
1.19 	(c) "Event data recorder (EDR)" means a feature that is installed by the manufacturer 
1.20 	of the vehicle and does one or more of the following, for the purpose of capturing data 
1.21 	for retrieval after a crash:
1.22 	(1) records vehicle speed or direction, or both;
1.23 	(2) records vehicle location data;
1.24 	(3) records vehicle steering performance;
2.1 	(4) records vehicle brake performance, including whether brakes were applied 
2.2 	before a crash;
2.3 	(5) records the driver's seat belt status; and
2.4 	(6) has the ability to transmit information concerning a crash in which the motor 
2.5 	vehicle has been involved to a central communications system when a crash occurs.
2.6 		Subd. 3.Data retrieved. Data described in subdivision 2, paragraph (c), that is 
2.7 	recorded on an EDR may not be downloaded or otherwise retrieved by a person other than 
2.8 	an owner of the motor vehicle at the time the data is accessed, except under one of the 
2.9 	following circumstances:
2.10 	(1) the owner of the motor vehicle or the owner's agent or legal representative 
2.11 	consents to the retrieval of the information;
2.12 	(2) upon authority of a court or other judicial or administrative authority having 
2.13 	jurisdiction;
2.14 	(3) for the purpose of improving motor vehicle safety, security, or traffic 
2.15 	management, including for medical research of the human body's reaction to motor 
2.16 	vehicle crashes, and provided that the identity of the owner or driver is not disclosed in 
2.17 	connection with that retrieved data. For the purposes of this clause, the disclosure of the 
2.18 	vehicle identification number (VIN) with the last four digits deleted does not constitute the 
2.19 	disclosure of the identity of the owner or driver;
2.20 	(4) the data is retrieved by a licensed new motor vehicle dealer, or by an automotive 
2.21 	technician, for the purpose of diagnosing, servicing, or repairing the motor vehicle; or
2.22 	(5) the data is retrieved for the purpose of determining the need for or facilitating 
2.23 	emergency medical response in the event of a motor vehicle crash.
2.24 		Subd. 4.Release of data. A person, including a service or data processor operating 
2.25 	on behalf of the person, authorized to download or otherwise retrieve data from an EDR 
2.26 	under subdivision 3, clause (3), may not release that data, except:
2.27 	(1) for the purposes of motor vehicle safety and medical research communities to 
2.28 	advance motor vehicle safety, security, or traffic management; or
2.29 	(2) to a data processor solely for the purposes permitted by this subdivision, and 
2.30 	only if the identity of the passenger, owner, or driver is not disclosed.
2.31 		Subd. 5.Subscription services. (a) If a motor vehicle is equipped with an EDR that 
2.32 	is capable of recording or transmitting information as described in subdivision 2, paragraph 
2.33 	(c), and that capability is part of a subscription service, the fact that the information may 
2.34 	be recorded or transmitted must be disclosed in the subscription service agreement.
2.35 	(b) Subdivision 3 does not apply to subscription services meeting the requirements 
2.36 	of paragraph (a).
3.1 		Subd. 6.Application. This section applies to all motor vehicles manufactured on or 
3.2 	after 12 months following the date of enactment.