REPAIRER DRIVEN NEWS: U.S. House considering vehicle data access, control bill

Reps. Diana Harshbarger (TN-District 1), Randy Weber (TX-District 14), and Scott Perry (PA-District 10) have introduced a bill that would require automakers to provide vehicle owners with access and control of their vehicle data.

H.R. 6687, the "Data Rights to Information and Vehicle Electronic Records (DRIVER) Act," states that the data should be available to vehicle owners at no cost beyond the vehicle purchase price, in real time, and without any restriction, limitation, decryption license, or access tool, so long as the use is lawful. It also states that the data can be accessed by a third party with the owners' permission, except by those owned or controlled by a foreign adversary.

"If you buy the car, you should own the data. It's that simple," said Harshbarger, in a press release issued by her office. "Automakers have quietly taken control of information that rightfully belongs to consumers. The DRIVER Act restores those property rights, strengthens privacy protections, and ensures no foreign adversary can access Americans' sensitive vehicle data. This bill puts Americans back in the driver's seat and protects our data and national security in the digital age."

Perry argues that automakers are "secretly tracking where, when, and how you drive."

"It's an obvious threat to your Constitutional right to privacy," he said in the release. "Our 'DRIVER Act' restores your property rights, ownership of your data, and revokes self-awarded, all-access pass to private property. When you buy a car, it's yours - to include your vehicle-generated data. The DRIVER Act is a win for common sense and drivers across America."

If the bill is passed, owners would be able to access their data through a vehicle interface port, such as an on-board diagnostics port, and/or via wireless transmission in compliance with voluntary automotive industry cybersecurity standards, including ISO/SAE 24134. They would also have the option to delete the data.

The DRIVER Act seeks to prevent vehicle manufacturers from selling any data covered by the act unless it provides the owner "a clear and conspicuous opportunity to opt out of any such sale."

The bill covers personal data, including biometric identifiers, precise geolocations, driver behavior, and personal external device data received by the vehicle. Deidentified, pseudonymous, and aggregate as well as publicly available information would be excluded.

"In a day and age where data collection is the new gold rush, Americans shouldn't lose control over their own personal information just by turning the key in their car," Weber said. "Drivers deserve clear ownership of the data their vehicles generate and the peace of mind that it isn't being misused or sent overseas. I'm proud to work with Congresswoman Harshbarger on the DRIVER Act to implement these common-sense protections, safeguard privacy, and ensure vehicle data stays in the driver's hands."

The bill is backed by the American Vehicle Owners Alliance (AVOA).

AVOA states in a press release that the act would enable consumers to decide if, and with whom, their data could be shared.

AVOA says it is a coalition "committed to protecting vehicle owners' rights to access and control all the data generated by their vehicles - data that rightfully belongs to the vehicle owner, not the manufacturer."

"As today's modern vehicles become increasingly more sophisticated, so does the amount of information and data needed for them to function," the release states. "However, many manufacturers impose restrictive terms and fees that limit owners' ability to access and control their vehicle data."

AVOA says the bill would ensure vehicle owners could prevent manufacturers from "locking them out" of data access or charging extra fees for access.

"For too long, automakers have held the keys not just to our vehicles, but also to the data we generate by driving them," said Richard Ward, AVOA's executive director, in the release. "This bill is a critical step to restore trust and ensure that American drivers - not just manufacturers - access and control the information generated by their own vehicles. When you buy a car, you should own both the machine and the data it produces. For individual drivers, this means stronger privacy and property rights. For fleet owners and operators, it means fair access to their data, which they need to maintain vehicles, manage safety, and keep their businesses competitive. AVOA urges Congress to pass the DRIVER Act to protect consumers' property rights, foster competition, and prevent unnecessary and burdensome restrictions on owners' access to their data."

The bill has been referred to the House Committee on Energy and Commerce.