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Minnesota Legislature

Office of the Revisor of Statutes

SF 1528

as introduced - 90th Legislature (2017 - 2018) Posted on 02/28/2017 09:44am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to privacy; establishing standards for use of data collected by an event
data recorder; providing penalties; proposing coding for new law in Minnesota
Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.595] EVENT DATA RECORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Event data" means records of one or more of the following categories of information
concerning the use or performance of a motor vehicle:
new text end

new text begin (1) vehicle air bag deployment, if any;
new text end

new text begin (2) vehicle speed;
new text end

new text begin (3) vehicle direction;
new text end

new text begin (4) vehicle location;
new text end

new text begin (5) vehicle steering performance or use;
new text end

new text begin (6) vehicle brake performance or use; or
new text end

new text begin (7) vehicle seat belt status or use.
new text end

new text begin (c) "Event data recorder" is defined as provided in Code of Federal Regulations, title
49, section 563.5, paragraph (b), as amended.
new text end

new text begin (d) "Owner" means:
new text end

new text begin (1) a person having all of the incidents of ownership of a motor vehicle, including
certificate of title to the motor vehicle pursuant to chapter 168A, regardless of whether the
person lends, rents, or creates a security interest in the vehicle;
new text end

new text begin (2) a person entitled to possession of a motor vehicle as the purchaser under a security
agreement; or
new text end

new text begin (3) a person entitled to possession of a vehicle as a lessee under a written lease agreement,
if the lease agreement is intended to last for more than three months from the date of its
inception.
new text end

new text begin (e) "Owner's agent" means a natural person, authorized by the owner within the last 30
days, as the owner's representative.
new text end

new text begin Subd. 2. new text end

new text begin Event data recorders. new text end

new text begin (a) Event data that is recorded on an event data recorder
is the personal data of the motor vehicle's owner and shall not be downloaded or retrieved
by a person who is not the owner, except in the following circumstances:
new text end

new text begin (1) the owner of the motor vehicle, or the owner's agent, consents to the retrieval of the
data;
new text end

new text begin (2) the data is downloaded or retrieved by an automotive technician to diagnose, service,
or repair the vehicle at the request of the owner or the owner's agent;
new text end

new text begin (3) the data is retrieved by a peace officer, pursuant to a warrant or court order, as part
of an investigation of a suspected violation of law that has caused, or contributed to the
cause of, an accident resulting in damage of property or injury to a person;
new text end

new text begin (4) the data is retrieved for the purpose of emergency medical response in the event of
a motor vehicle accident;
new text end

new text begin (5) the data is subject to discovery pursuant to the Rules of Civil Procedure in a claim
arising out of a motor vehicle accident;
new text end

new text begin (6) the data is downloaded or retrieved pursuant to the order of a court or an
administrative agency authorized to issue such an order; or
new text end

new text begin (7) the event data recorder was installed after the manufacturer or motor vehicle dealer
sold the motor vehicle.
new text end

new text begin (b) A person authorized to download or retrieve data from an event data recorder may
only release the data to another person or entity in the following circumstances:
new text end

new text begin (1) the owner of the motor vehicle or the owner's agent consents to the release of the
data;
new text end

new text begin (2) the data is subject to discovery pursuant to the Rules of Civil Procedure in a claim
arising out of a motor vehicle accident;
new text end

new text begin (3) the data is released pursuant to a court order;
new text end

new text begin (4) the data is released to a motor vehicle safety and medical research entity in order to
advance motor vehicle safety, security, or traffic management, provided that the identity of
the owner or driver is not disclosed; or
new text end

new text begin (5) the data is released to a data processor solely for the purposes permitted by this
section, provided that the identity of the owner or driver is not disclosed.
new text end

new text begin (c) If a motor vehicle is equipped with an event data recorder that is capable of recording
or transmitting event data that is part of a subscription service, the fact that the data may be
recorded or transmitted and instructions for discontinuing the subscription service or for
disabling the event data recorder by a trained service technician must be prominently
disclosed in the subscription service agreement. A disclosure made by means of an insert
into the service agreement is deemed a disclosure in the service agreement.
new text end

new text begin (d) Notwithstanding paragraph (a), data may be collected without a warrant or the consent
of the vehicle owner if circumstances exist, following a crash resulting in a serious injury
or fatality, which could reasonably result in the loss of data during a vehicle recovery. Data
collected under this paragraph must be limited to only that data necessary to conduct and
analyze a reconstruction of the crash.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition on destruction of data. new text end

new text begin No person may knowingly alter or delete
data on an event data recorder, or knowingly destroy an event data recorder, after an accident
involving the motor vehicle that resulted in a death or a serious physical injury, unless a
reasonable amount of time for a peace officer to obtain a search warrant has passed since
the date of the accident.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin Violation of this section is a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to motor
vehicles sold or leased before, on, or after that date.
new text end