LD 1885
pg. 3
Page 2 of 6 An Act To Protect Drivers' Privacy by Clarifying Ownership of Data Recorded by ... Page 4 of 6
Download Bill Text
LR 2465
Item 1

 
2.__Ownership of vehicle; consent.__Consent to access data on
a motor vehicle data recorder is governed by this subsection.

 
A.__If the motor vehicle is owned by one owner, then the
data may not be retrieved or used without the written
consent in the form of a release signed by that owner that
authorizes a person or entity to retrieve or use the data.

 
B.__If a motor vehicle is owned by more than one person or
entity, then the data may not be retrieved or used without
written consent of all the owners in the form of a release
that authorizes a person or entity to retrieve or use the
data.

 
A release to a person or entity under this subsection is limited
to permission for data collection and compilation only and does
not authorize the release of information that identifies the
owner of the vehicle.

 
3.__Ownership of data in case of accident.__If a motor vehicle
equipped with a__motor vehicle data recorder is involved in an
accident in this State, the owner of the motor vehicle at the
time of the accident owns and retains exclusive ownership rights
to the data.

 
4.__Lienholder or insurer ownership.__Ownership of the data
does not pass to a lienholder or to an insurer because the
lienholder or insurer succeeds in ownership to the vehicle as a
result of an accident.

 
A.__The data may not be used by a lienholder or an insurer
for any reason without written consent as provided in
subsection 2 in the form of a release signed by the owner of
the motor vehicle at the time of the accident that
authorizes the lienholder or insurer to retrieve or use the
data.

 
B.__A lienholder or insurer may not make payment or
settlement of an obligation or claim conditioned upon the
owner's consent to the retrieval or use of the data.

 
5.__Data access without owner's consent. Notwithstanding
subsections 1, 2 and 3, the data from a motor vehicle data
recorder of a motor vehicle involved in an accident may be
accessed without the consent of the owner at the time of the
accident if:

 
A.__A court of competent jurisdiction in this State orders
the production of the data;


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