Sec. 4. Privacy standards for motor vehicles
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The Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: In this section: The term covered motor vehicle means a motor vehicle that— is manufactured for sale in the United States on or after the date that is 2 years after the date on which final regulations are promulgated under section 4(b) of the SPY Car Act of 2019 ; and collects driving data. The term driving data has the meaning given the term in section 30129(a) of title 49, United States Code. Each covered motor vehicle shall comply with the requirements described in subsections
(c)through (e). Each manufacturer of a covered motor vehicle shall provide to each owner and lessee of the covered motor vehicle a clear and conspicuous notice, in clear and plain language, of any collection, transmission, retention, or use of driving data collected from the covered motor vehicle. Subject to paragraphs
(2)and (3), an owner or lessee of a covered motor vehicle may opt out of the collection and retention of driving data by the covered motor vehicle. If an owner or lessee of a covered motor vehicle opts out of the collection and retention of driving data under paragraph (1), the owner or lessee shall not, to the extent technically possible, lose access to any navigation tool or other feature or capability. Paragraph
(1)shall not apply to driving data stored as part of the electronic data recorder system or other safety systems on board the motor vehicle that are required for post-incident investigations, emissions history checks, crash avoidance or mitigation, or other regulatory compliance programs. No manufacturer, including an original equipment manufacturer, may use any information collected by a covered motor vehicle for the purpose of advertising or marketing without the affirmative, express consent of the owner or lessee of the covered motor vehicle. Any request for the consent under paragraph
(1)by a manufacturer— shall be clear and conspicuous; shall be made in clear and plain language; and may not be a condition for the use of any nonmarketing feature, capability, or functionality of the covered motor vehicle. A violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B). . Not later than 18 months after the date of enactment of this Act, the Federal Trade Commission, after consultation with the Administrator of the National Highway Traffic Safety Administration (referred to in this subsection as the Administrator ), shall issue a notice of proposed rulemaking, in accordance with section 553 of title 5, United States Code, to carry out section 27 of the Federal Trade Commission Act. Not later than 3 years after the date of enactment of this Act, the Federal Trade Commission, after consultation with the Administrator, shall promulgate final regulations, in accordance with section 553 of title 5, United States Code, to carry out section 27 of the Federal Trade Commission Act. Not less frequently than once every 3 years, the Federal Trade Commission, after consultation with the Administrator, shall— review the final regulations promulgated under paragraph (2); and update the final regulations as necessary.
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- 15 USC 57c–2
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