Senate Bill No. 974
Public Act No. 07-235
AN ACT CONCERNING ACCESS TO RECORDED INFORMATION IN "BLACK BOX" EVENT DATA RECORDERS IN MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2007) (a) As used in this section: (1) "Event data recorder" means a device or function in a passenger motor vehicle that records the vehicle's dynamic, time-series data during the time period just prior to a crash event, including, but not limited to, vehicle speed versus time data, or during a crash event, including, but not limited to, delta-V versus time data, intended for retrieval after the crash event; (2) "Event data" does not include audio or video data; and (3) "lessee" means an individual who leases or rents a passenger motor vehicle for such individual's personal use pursuant to a written agreement for a term of more than one year.
(b) (1) Except as provided in subsection (c) of this section, no person, except the registered owner of the motor vehicle that contains the event data recorder, or the registered owner's representative, may retrieve, obtain or use data stored on or transmitted from the event data recorder unless:
(A) The individual who is the registered owner or lessee of the motor vehicle at the time the data is retrieved, obtained or used, or the individual's representative, consents in writing;
(B) The data is retrieved or obtained by a peace officer, as defined in section 53a-3 of the general statutes, pursuant to a search warrant issued by a judge of the Superior Court or a judge trial referee under the provisions of section 54-33a of the general statutes, or by any court of competent jurisdiction;
(C) The data is used for the purpose of improving motor vehicle safety, security or traffic management, including the purpose of medical research on physical reaction to motor vehicle accidents, provided the identity of the registered owner, lessee, operator or other occupant of the motor vehicle is not disclosed with respect to the data, except that the disclosure of a vehicle identification number with the last six numbers deleted for such purposes shall not constitute disclosure of the identity of the registered owner, lessee, operator or other occupant;
(D) The data is retrieved or obtained by a licensed new car dealer, as defined in section 14-51 of the general statutes, a repairer, as defined in section 14-51 of the general statutes, or the manufacturer, as defined in section 14-1 of the general statutes, that manufactured the motor vehicle, and used for the purpose of diagnosing, servicing or repairing the motor vehicle; or
(E) The data is retrieved or obtained pursuant to a legally proper discovery request or order in a civil action.
(2) Any person who retrieves or obtains such data, except a peace officer who retrieves or obtains such data pursuant to subparagraph (B) of subdivision (1) of this subsection, shall not further disclose such data, except that such person may further disclose such data as provided in subparagraph (C) or (D) of subdivision (1) of this subsection if the identity of the registered owner, lessee, operator or other occupant is not disclosed.
(c) Data from an event data recorder may be retrieved, obtained and used by a subscription service provider pursuant to a subscription agreement if the subscription agreement discloses that the data may be stored and transmitted.
(d) No person may knowingly alter or delete data on an event data recorder, or knowingly destroy an event data recorder, after a crash event that resulted in a death or a serious physical injury, as defined in section 53a-3 of the general statutes, within a reasonable amount of time sufficient for a peace officer to obtain a search warrant.
Approved July 11, 2007