New York Senate Bill S07014 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7014 2023-2024 Regular Sessions  IN SENATE May 16, 2023 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to access to motor vehicle data by the owner or designee of a motor vehicle The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 198-d to read as follows: 3 § 198-d. Access to motor vehicle data. (a) As used in this section: 4 (1) "Access to motor vehicle data" means direct, in-vehicle, real- 5 time, intelligible and bi-directional accessibility to motor vehicle 6 data, including but not limited to connected vehicle data and access to 7 electronic control units, through a technology-neutral, standards-based, 8 cybersecure interface which may include, but is not limited to, a wired 9 onboard diagnostics port or a wireless connection; such interface shall 10 permit the operation of an open application programming interface that 11 enables a motor vehicle owner or user authorized by the motor vehicle 12 owner to redirect data to a third party authorized by the motor vehicle 13 owner or erase any and all data that the motor vehicle owner or user 14 directly or electronically inputs into the motor vehicle. 15 (2) "Cybersecure interface" means an interface that provides both 16 secure interoperability and access to motor vehicle data between a motor 17 vehicle and the motor vehicle's owner. 18 (3) "Motor vehicle data" means all data generated, or generated and 19 retained, by the operation of a motor vehicle including but not limited 20 to vehicle characteristics including but not limited to make and model, 21 vehicle build sheet information, data collected by onboard sensors 22 including but not limited to odometer, accelerometer, malfunction indi- 23 cators, crash or collision indicators, as well as advanced driving 24 assistance systems including but not limited to adaptive cruise control, 25 automatic following distance control, automatic emergency braking, lane 26 departure correction, and other autonomous/assisted driving features, 27 and additional contextual and/or environmental data obtained by the 28 vehicle including but not limited to GPS and/or location, time of day, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11478-01-3 
 S. 7014 2 1 road conditions, vehicle following distance, usage of onboard enter- 2 tainment systems. 3 (4) "Owner" means: 4 (i) a person with an ownership or contracted beneficial interest in a 5 motor vehicle; or 6 (ii) the lessee of a motor vehicle under a lease agreement of a term 7 not less than one hundred eighty days and shall include the designee of 8 a motor vehicle owner. 9 (5) "Person" shall mean an individual, trust, estate, partnership, 10 association, company, or corporation. 11 (b) A manufacturer shall provide access to motor vehicle data, wherev- 12 er stored, of the same quality as is available to the data holder, to 13 the owner and to any third party designees of the motor vehicle owner, 14 without undue delay, free of charge, of the same quality as is available 15 to the data holder, without any restriction or limitations including, 16 but not limited to, a fee or license to decrypt motor vehicle data or a 17 requirement to use a device provided by the manufacturer to access and 18 use motor vehicle data, and where applicable, continuously and in real- 19 time, in a structured, commonly used machine readable format except as 20 provided under subdivisions (c), (d) and (e) of this section. 21 (c) This section does not preclude a manufacturer from employing cryp- 22 tographic or technological protections necessary to secure motor vehicle 23 data, provided that the motor vehicle owner, and the motor vehicle 24 owner's designees, are provided the means to gain access to motor vehi- 25 cle data mandated under subdivision (b) of this section, and such means 26 of access to motor vehicle data, is standardized by an independent stan- 27 dard making organization across all motor vehicles. 28 (d) Notwithstanding any other provision of this section, no person, 29 including but not limited to a motor vehicle owner, shall be permitted 30 to access motor vehicle data if the person is the subject of a protec- 31 tive order under state law with respect to the natural person using the 32 motor vehicle. 33 (e) Nothing in this section shall require a manufacturer to divulge a 34 trade secret. The existence of a manufacturer's proprietary method for 35 collecting, storing, formatting, or communicating vehicle data, telemat- 36 ics or similar program shall not preclude access to motor vehicle data 37 under subdivision (b) of this section. 38 (f) A manufacturer may not request a waiver of the vehicle owner's 39 right to data access under this section, require a waiver as a condition 40 for purchasing, leasing, operating, or obtaining warranty repairs, or 41 offer any compensation or other incentive for a waiver. Any such waiver 42 obtained by a manufacturer shall be null and void. 43 § 2. This act shall take effect immediately and shall expire and be 44 deemed repealed upon the enactment of federal law, rule or regulation 45 that requires manufacturers to provide access to motor vehicle data, 46 wherever stored, of the same quality as is available to the data holder, 47 to the motor vehicle owner and to any third-party designees as required 48 by section one of this act; provided that the commissioner of the 49 department of motor vehicles shall notify the legislative bill drafting 50 commission upon the occurrence of the enactment of such federal law, 51 rule or regulation in order that the commission may maintain an accurate 52 and timely effective data base of the official text of the laws of the 53 state of New York in furtherance of effectuating the provisions of 54 section 44 of the legislative law and section 70-b of the public offi- 55 cers law.