1.1 	A bill for an act
1.2 	relating to data practices; regulating the use of event data recorders; requiring 
1.3 	disclosure to consumers of the presence of event data recorder; prescribing 
1.4 	the ownership and restricting use of data recorder by an event data recorder; 
1.5 	proposing coding for new law in Minnesota Statutes, chapter 170.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [170.60] MOTOR VEHICLE EVENT DATA RECORDERS.
1.8 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
1.9 	the meanings given them.
1.10 	(a) "Owner" means:
1.11 	(1) a person having all the incidents of ownership, including the legal title of the 
1.12 	motor vehicle, whether or not the person lends, rents, or creates a security interest in 
1.13 	the motor vehicle;
1.14 	(2) a person entitled to possession of the motor vehicle as the purchaser under 
1.15 	a security agreement; or
1.16 	(3) a person entitled to possession of the motor vehicle as a lessee pursuant to 
1.17 	a lease agreement.
1.18 	(b) (1) "Event data recorder" means a factory-installed feature in a motor vehicle 
1.19 	that has the ability to record and transmit information concerning an accident in which the 
1.20 	motor vehicle has been involved to a central communications system when an accident 
1.21 	occurs, or otherwise records or transmits performance or other operation information 
1.22 	about that vehicle, including, but not limited to:
1.23 	(i) the vehicle's speed;
1.24 	(ii) the direction the vehicle was traveling;
1.25 	(iii) the location of the vehicle;
2.1 	(iv) the vehicle's steering performance;
2.2 	(v) the driver's seat belt status;
2.3 	(vi) whether the air bag deployed; or
2.4 	(vii) the vehicle's brake performance, including whether the brakes were applied 
2.5 	before an accident.
2.6 	(2) For the purposes of this section, the term "event data recorder" also includes 
2.7 	devices commonly referred to as "sensing and diagnostic modules" and other similar 
2.8 	devices used to record data.
2.9 		Subd. 2. Disclosure. A dealer of a new motor vehicle that is equipped with an 
2.10 	event data recorder shall disclose the existence of the event data recorder in writing to 
2.11 	the consumer prior to the sale of the vehicle. The disclosure must include a statement 
2.12 	describing the function of the event data recorder and the fact that the recorder can record 
2.13 	and transmit information concerning an accident.
2.14 		Subd. 3. Ownership of data.  Data recorded on an event data recorder is the 
2.15 	property of the registered owner of the motor vehicle and may not be downloaded or 
2.16 	otherwise retrieved by a person other than the owner, except:
2.17 	(1) with the knowing and voluntary consent of the owner; or
2.18 	(2) in response to an order of a court of competent jurisdiction.