9957.
(a) This section applies to all motor vehicles manufactured on or after January 1, 2016.(b) A manufacturer of a new motor vehicle sold or leased in this state that records, generates, stores, or collects vehicle information shall do all of the following:
(1) Disclose that the motor vehicle records,
generates, stores, or collects vehicle information and describe the types each of the categories of vehicle information recorded, generated, stored, or collected by the motor vehicle, as well as the duration of the recording, collection, or storage, in a plainly written statement included in the owner’s manual for the motor vehicle.
(2) Provide a copy of the statement described in paragraph (1) in a separate document printed in no less than 12-point type to the prospective registered owner of the new motor vehicle prior to the purchase or lease of the vehicle.
(3) Include in the statement included in the owner’s manual pursuant to paragraph (1) and the statement contained in the separate document described in paragraph (2) the following statement in 14-point bold type:
“THIS MOTOR VEHICLE RECORDS, GENERATES AND,
STORES, OR COLLECTS INFORMATION ABOUT YOU, HOW YOU DRIVE, AND THE CONDITION OF YOUR MOTOR VEHICLE. UNDER CALIFORNIA LAW, YOU HAVE THE RIGHT TO CHOOSE WHO CAN ACCESS THIS INFORMATION AND TO OPT OUT OF THE COLLECTION OF THIS INFORMATION IN MOST CIRCUMSTANCES. YOU ALSO HAVE THE RIGHT TO CONSENT TO WHO MAY RETRIEVE THIS INFORMATION FROM YOUR MOTOR VEHICLE.” VEHICLE. BEFORE ALLOWING YOUR VEHICLE MANUFACTURER TO SHARE YOUR INFORMATION WITH THIRD PARTIES, YOU SHOULD CAREFULLY REVIEW EACH PARTY’S PRIVACY POLICY.”
(4) Affix the statement described in paragraph (3) securely in a clear and conspicuous manner to the side window or windshield of the new motor vehicle.
(c) A manufacturer of a new motor vehicle sold or leased in this state that records, generates, stores, or collects vehicle information shall provide the registered owner of the motor vehicle with all of the following:
(1) Access from the motor vehicle to the vehicle information as
the vehicle information is recorded, generated, stored, or collected by the motor vehicle.
(2) Fair and reasonable access Access to tools and information reasonably necessary to use access the vehicle information.
(3)The ability to securely transmit the vehicle information outside the motor vehicle to any person selected by the registered owner of the motor vehicle.
(A)The manufacturer shall not impose any fees or charges on a registered owner to make transmissions of vehicle information pursuant
to this paragraph.
(B)The manufacturer shall provide fair, nondiscriminatory, and reasonable means for persons selected by the registered owner in accordance with this paragraph to receive the vehicle information in a standard, usable format.
(C)If the motor vehicle is equipped with a telematics system, the manufacturer shall provide the registered owner with the ability to use the telematics system to securely transmit vehicle information in accordance with this paragraph and shall provide fair, nondiscriminatory, and reasonable means for persons selected by the registered owner in accordance with this paragraph to securely access the telematics system to provide remote services that are requested by the registered owner.
(3) Manufacturers may provide the access required under paragraph (2) for purchase on fair and reasonable terms. In determining whether terms are fair and reasonable, consideration may be given to relevant factors, including, but not limited to, the following:
(A) The net cost to the manufacturer’s franchised dealerships for similar information obtained from manufacturers, less any discounts, rebates, or other incentive programs.
(B) The cost to the manufacturer for preparing and distributing the information, excluding any research and development costs, provided that the amortized capital costs for the preparation and distribution of the information may be included.
(C) The price charged by other manufacturers for similar information.
(D) The ability of aftermarket technicians, shops, and other small businesses to afford the information.
(E) The means by which the information is distributed.
(F) The extent to which the information is used, which includes the number of users, frequency, duration, and volume of use.
(G) Inflation.
(4) The ability to opt out of the recording, generation, storage, or collection of vehicle information other than vehicle information necessary for the repair or maintenance of the motor vehicle or for motor vehicle safety. A manufacturer may not deny any service or benefit to a registered owner for exercising his or her opt-out rights under this paragraph, unless the service or benefit is
technically dependent on the vehicle information that is no longer recorded, generated, stored, or collected due to the registered owner’s choice to opt out.
(d) A manufacturer shall not limit, impair, or otherwise restrict, by any means,
the ability of a registered owner to access, use, or transmit
his or her vehicle information. A manufacturer shall not take any adverse action against a registered owner for accessing or using his or her vehicle information or transmitting his or her vehicle information outside the motor vehicle to a person other than the manufacturer or obtaining services that use vehicle information from a person other than the manufacturer. or take any adverse action, including the denial of any service or benefit, against a registered owner for accessing his or her vehicle information. This paragraph shall not be construed to prevent the adoption of security protocols to protect against unauthorized access to vehicle information.
(e) Vehicle information shall not be downloaded or transmitted outside the motor vehicle or otherwise retrieved from the motor vehicle by a person other than without the consent of the registered owner of the motor vehicle, except under one of the following circumstances:
(1)A registered owner of the motor vehicle consents to the download, transmission, or retrieval of his or her vehicle information.
(2)
(1) The vehicle information is downloaded, transmitted, or retrieved by the manufacturer of the motor vehicle. The manufacturer shall not release sell, release, or otherwise disclose the vehicle information received pursuant to this paragraph to any person other than the registered owner of the motor vehicle, unless that vehicle information is in a form that cannot be used to identify the
manufacturer obtains the consent of the registered owner or driver of the motor vehicle.
(3)
(2) The vehicle information is downloaded, transmitted, or retrieved for the purpose of diagnosing, servicing, or repairing a motor vehicle at the request of the registered owner or driver of that motor vehicle.
The recipient of vehicle information under this paragraph shall not sell, release, or otherwise disclose the vehicle information to any person other than the registered owner of the motor vehicle unless the recipient obtains the consent of the registered owner.
(4)For purposes of improving motor vehicle safety, including for medical research of the human body’s reaction to motor vehicle accidents, provided that the identity of the registered owner or driver is not disclosed in connection with that retrieved information. The disclosure of
the vehicle identification number (VIN) for purposes of improving vehicle safety, including for medical research of the human body’s reaction to motor vehicle accidents, does not constitute the disclosure of the identity of a registered owner or driver for purposes of this paragraph. A person authorized to download or otherwise retrieve vehicle information pursuant to this paragraph shall not release that vehicle information, except to share that information among the motor vehicle safety and medical research communities to advance motor vehicle safety, and only if the identity of the registered owner or driver is not disclosed.
(3) The vehicle information is communicated to another motor vehicle or
transportation infrastructure through vehicular communication networks for purposes of traffic management or motor vehicle safety.
(5)
(4) In response to an order of a court having jurisdiction to issue the order under applicable standards of criminal and civil law.
(f) A
manufacturer may not condition the sale or lease of a motor vehicle upon receipt of consent from the registered owner of the motor vehicle to allow the manufacturer to sell, release, or otherwise disclose vehicle information to persons other than the registered owner.
(f)
(g) A registered owner of a motor vehicle shall not be compelled to access, download, or retrieve vehicle information from the motor vehicle or transmit vehicle information
outside the motor vehicle vehicle, except pursuant to an order of a court having jurisdiction to issue the order under applicable standards of criminal or civil law or as otherwise required by law.
(h) This section shall not be construed to change, expand, or diminish the existing authority of law enforcement.
(g)
(i) This section shall not be construed to require a manufacturer of a motor vehicle to disclose any trade secret.
(h)This section does not relieve manufacturers of the duty to create secure telematics, computer, and other electronic systems in the motor vehicles they manufacture, including the duty to prevent unauthorized access into these systems.
(i)
(j) This section does not supersede or modify
any provisions of the Insurance Code or any regulations promulgated thereunder, including, but not limited to, the provisions of Section 2632.5 of Title 10 of the California Code of Regulations concerning automobile insurance rating factors.
(k) A manufacturer of a motor vehicle shall have no liability for any acts or omissions of a registered owner of the motor vehicle as a result of the manufacturer providing the registered owner access to vehicle information pursuant to this section.
(l) This section shall not be construed to require the recording, generation, storage, or collection of vehicle information.
(j)
(m) For purposes of this section, “vehicle information” means any and all data that is recorded, generated, stored, or collected by a motor vehicle through a computer or other device embedded or integrated into a motor vehicle, other than an event data recorder governed under Section 9951 and Part 563 of Title 49 of the Code of Federal Regulations, that can be used, either alone or with other information,
to distinguish or individually identify the registered owner of a motor vehicle, the driver of a motor vehicle, or the operation, use, or condition of a motor vehicle. “Vehicle information” includes, but is not limited to, all of the following when that information is recorded, generated, stored, or collected by a motor vehicle through a computer or other device embedded or integrated into a motor vehicle, other than an event data recorder governed under Section 9951 and Part 563 of Title 49 of the Code of Federal Regulations:
(1) The name, address, email address, and telephone number of the registered owner or driver of the motor vehicle and the motor vehicle’s vehicle identification
number.
This paragraph shall not be construed to restrict the ability of law enforcement to collect the information described in this paragraph from a registered owner of a motor vehicle even if the information is also recorded, generated, stored, or collected by the motor vehicle.
(2) Speed, distance, braking, acceleration, steering, seat-belt use, air bag deployment, collision, accident, geolocation, time-of-day driven, miles driven, duration driven, driving style, fuel, tire pressure, passenger, battery, door lock, and odometer information, sensor data, subsystem data, and diagnostic trouble codes.
(k)
(n) For purposes of this section, “registered owner” means a registered owner as defined in Section 505 and, in the case of a leased vehicle, the lessee as shown on the registration card for the leased vehicle.
(l)For purposes of this section, the term “telematics system” means a system that allows the transmission of data to and from the motor vehicle using one or more embedded or mobile communication devices that connect to telecommunications networks, including, but not limited to, wireless and landline communication networks and global positioning system satellites.