Sec. 5. Ownership and unlawful retrieval of event data recorder data
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/bill/113/hr/2414/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any event data recorder in an automobile or motorcycle and any data recorded on any event data recorder in an automobile or motorcycle shall be considered the property of the owner of the automobile or motorcycle. It shall be unlawful for any person other than the owner of the automobile or motorcycle to download or otherwise retrieve data that is recorded on any event data recorder except under one of the following circumstances: The owner of the automobile or motorcycle or the owner’s agent or legal representative consents to the retrieval of the information.
In response to an order of a court having jurisdiction to issue the order. The data is retrieved by a dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the automobile or motorcycle. A violation of subsection
(a)shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section.
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