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

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Date Published: 06/21/2021 10:00 AM
SB346:v98#DOCUMENT

Amended  IN  Assembly  June 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 346


Introduced by Senator Wieckowski
(Coauthors: Senators Dodd and Hueso)
(Coauthor: Assembly Member Cristina Garcia)

February 09, 2021


An act to add Chapter 36 (commencing with Section 22948.50) to Division 8 of the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


SB 346, as amended, Wieckowski. In-vehicle cameras.
Existing law prohibits a person or entity from providing the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television. Existing law further prohibits any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television, or a third party contracting with a manufacturer of a connected television, from being sold or used for any advertising purpose. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. Existing law prohibits a waiver of these prohibitions and authorizes their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney.
This bill would require a manufacturer of a new motor vehicle that is equipped with one or more in-vehicle cameras to disclose that fact, as specified. The bill would prohibit a person or entity from providing the operation of an in-vehicle camera within for the sale or lease of a new motor vehicle with one or more in-vehicle cameras in this state without prominently informing the user or the person designated by the user to purchase the vehicle. vehicle, as specified. The bill would further prohibit any images or video recording recordings collected through the operation of an in-vehicle camera by the manufacturer from being used for any advertising purpose or shared with, or sold to, or being sold to any third party. The bill would also prohibit these images or video recordings from being shared with third parties, except as provided. The bill would also prohibit any recording obtained through operation of an in-vehicle camera by the manufacturer from being retained at any location other than the vehicle itself itself, or being downloaded, retrieved, or otherwise accessed by a person or entity other than the registered owner of the vehicle, without the affirmative written or electronic consent of the user. prior consent, as defined, except as provided. The bill would require a person or entity that provides the operation of an in-vehicle camera in this state to provide effective mechanisms for a consumer to revoke consent. The bill would prohibit a person or entity from compelling 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 images through that feature. The bill would prohibit a waiver of these protections, and would authorize their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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 manufacturer of a new motor vehicle model that is equipped standard with one or more in-vehicle cameras that is sold or leased in this state shall disclose that fact in the owner’s manual for the vehicle. If a vehicle is equipped with one or more in-vehicle cameras and the camera does not come standard with the vehicle model, the manufacturer shall disclose that the vehicle is equipped with one or more in-vehicle cameras in a document sent to the seller or leaser of the vehicle, which may include the vehicle specification sheet.
(b) (1) A person or entity shall not provide the operation of an in-vehicle camera within for the sale or lease of a new motor vehicle equipped with one or more in-vehicle cameras in this state without prominently informing, during the purchase of the vehicle, and in accordance with the procedures of paragraph (2), 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.

(2) Prior to the execution of the conditional sales contract for a vehicle, the seller shall provide to the user, or the person designated by the user to purchase the vehicle, a separate written disclosure acknowledging the existence and operation of an in-vehicle camera in the purchased vehicle, and shall obtain the signature of the user or purchaser on that written disclosure. The written disclosure shall meet all of the following criteria:
(A) Be contained on a single document that is separate from the conditional sales contract, purchase order, and any other document.
(B) Contain the following language, written in at least 20-point, bolded type:
“This vehicle is equipped with an in-vehicle camera capable of recording the driver and other individuals inside the vehicle. For more information about the in-vehicle camera please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual.
“By law, signing this acknowledgment form does not waive any rights of the user or constitute consent to a manufacturer to share, sell, or retain any images or videos captured by the in-vehicle camera.”
(C) Specify the rights and remedies available to the user pursuant to Sections 22948.51 and 22948.55, respectively.
(c) A person or entity shall not be held liable for a violation of subdivision (b) if the manufacturer of that vehicle is in violation of subdivision (a) with respect to that vehicle.

22948.51.
 (a) Any image or video recording collected or retained through the operation of an in-vehicle camera shall not be used for any of the following purposes:
(1) Any advertising.
(2) Sold to a third party.
(3) Shared with a third party unless any of the following apply:
(A) The user provides affirmative prior consent, and all of the following requirements are met:
(i) Images and video recordings are shared only to the extent necessary to either improve portions of a vehicle’s safety system which rely on or utilize the in-vehicle camera, or to diagnose, service, or repair the in-vehicle camera or vehicle equipment which relies on or utilizes the in-vehicle camera.
(ii) Recipients of images or video recordings shared pursuant to this paragraph do not use the images or video recordings for any purpose other than the purpose specified in clause (i), do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.
(iii) The user receives clear, meaningful notice prior to the sharing of the images or video recordings, including the party or parties with whom the images or recordings will be shared, and the purpose pursuant to clause (i) for which the images or recordings will be shared.
(B) The images or video recordings are shared with a third party in order to comply with a valid verifiable consumer request pursuant to Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code.
(4) Retained at any location, other than the vehicle itself, unless the user first provides affirmative prior consent.
(5) Downloaded, retrieved, or otherwise accessed by a person or entity other than the registered owner of the motor vehicle, unless the user first provides affirmative prior consent.
(b) (1) A person or entity that provides the operation of an in-vehicle camera in this state shall provide effective mechanisms, without any cost, penalty, or unnecessary steps, for a consumer to revoke their consent pursuant to paragraphs (3), (4), and (5) of subdivision (a) after it is given. At least one of these mechanisms shall utilize the primary medium through which the person or entity communicates with users.
(2) A person or entity subject to paragraph (1) shall honor the user’s consent revocation, and shall delete from all locations other than the vehicle itself any image or recording associated with that user that has been collected, retained, downloaded, or retrieved by that person or entity, as soon as practicable, but not later than 30 days after the user revokes consent.
(c) A person or entity shall not discriminate against a user because the user has exercised any of their rights under this chapter. Discriminatory acts shall include, but not be limited to, the following:
(1) Denying goods, services, or benefits to the user.
(2) Charging different prices or rates for goods or services, including through the use of discounts or other incentives or imposing penalties.
(3) Providing a different level or quality of goods, services, or benefits to the user.
(4) Suggesting that the user will receive a different price or rate for goods, services, or benefits, or a different level or quality of goods, services, or benefits.
(5) Considering the user’s exercise of rights under this chapter as a basis for suspicion of criminal wrongdoing or unlawful conduct.
(d) Images or video recordings retained through the operation of an in-vehicle camera may be retrieved or shared without the user’s permission if any of the following apply:
(1) A court or other judicial or administrative authority having jurisdiction authorizes the retrieval of the images or video recordings and, to the extent that there are retrieved images and video recordings, the video recordings are subject to the standards for admission into evidence required by that court or other administrative authority.
(2) (A) The images or video recordings are retrieved pursuant to an investigation or inspection authorized under Section 1131(a) or 30166 of Title 49 of the United States Code, and the personal information of an owner or a lessee of the vehicle, including the vehicle identification number, is not disclosed in connection with the video recordings retrieved pursuant to this subparagraph.
(B) Notwithstanding subparagraph (A), a vehicle identification number may be disclosed to the manufacturer or other entity responsible for providing the images or video recordings pursuant to subparagraph (A).
(3) The images or video recordings are retrieved for the purpose of immediately determining the need for, or facilitating, emergency medical response to a motor vehicle crash.

22948.52.
 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.

22948.51.22948.53.
 For purposes of this chapter, the following definitions shall apply:
(a) (1) “Affirmative prior consent” means a user’s freely given, informed, and unambiguous affirmative authorization for the prospective sharing or retention of their in-vehicle camera recordings or images, in accordance with the requirements of subdivision (a) of Section 22948.51, in one of the following forms:
(A) A dedicated page on the vehicle manufacturer’s internet website where the user can acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51.
(B) A user’s response to a mail form sent by the vehicle manufacturer and returned by the user with their signature acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51.
(2) “Affirmative prior consent” shall not include any of the following:
(A) Acceptance of a general or broad terms of use, or similar document, that contains descriptions of sharing or retention of in-vehicle camera recordings or images along with other, unrelated information.
(B) Hovering over, muting, pausing, or closing a given piece of content in an electronic format.
(C) Agreement obtained through a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice.

(a)

(b) “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.
(c) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or consumer device.

(b)

(d) “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.

22948.52.22948.54.
 Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.

22948.53.22948.55.
 (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.

22948.54.22948.56.
 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.

22948.55.22948.57.
 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.