Today's Law As Amended


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SB-346 In-vehicle cameras.(2021-2022)



As Amends the Law Today


SECTION 1.

 Chapter 36 (commencing with Section 22948.50) is added to Division 8 of the Business and Professions Code, to read:

CHAPTER  36. In-Vehicle Cameras
22948.50.
 (a) A person or entity shall not provide the operation of an in-vehicle camera within this state without prominently informing, during the purchase of the vehicle, either the user or the person designated by the user to purchase the vehicle.
(b) Any video recording collected or retained through the operation of an in-vehicle camera by the manufacturer of the vehicle shall not be used for any of the following purposes:
(1) Any advertising.
(2) Share with, or sell to, a third party.
(3) Retain at any location, other than the vehicle itself, unless the user first provides affirmative written or electronic consent.
(c) A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.
22948.51.
 For purposes of this chapter, the following definitions shall apply:
(a) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or is capable of, recording images or video inside the cabin of the vehicle.
(b) “User” means a person who originally purchases, leases, or takes ownership of a vehicle equipped with an in-vehicle camera. A person who is incidentally recorded when a vehicle is operated by a user shall not be deemed to be a user.
22948.52.
 Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
22948.53.
 (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.
(b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(c) A person who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each vehicle equipped with an in-vehicle camera sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.
22948.54.
 The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
22948.55.
 The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.