Data Rights for Information and Vehicle Electronics in Real-time Act; DRIVER Act
Summary
The DRIVER Act mandates that motor vehicle manufacturers provide owners with secure access to and control over their vehicle data, free of charge. This access must be in real-time, without restrictions on data use (except for sales to foreign adversaries), and through standard interfaces like on-board diagnostics ports. The bill also addresses data sales by manufacturers and fleet owners, requiring opt-out options for owners and drivers, with exceptions for certain research, safety, and legal compliance purposes.
Expected Effects
The DRIVER Act aims to empower vehicle owners with greater control over their data, fostering innovation and competition in vehicle-related services. It also seeks to protect consumer privacy by regulating the sale of vehicle data and preventing its transfer to national security threats. The FTC would enforce the provisions of the act.
Potential Benefits
- Enhanced Consumer Control: Vehicle owners gain direct access to and control over their vehicle data.
- Privacy Protection: Restrictions on data sales and transfers to foreign adversaries safeguard personal information.
- Innovation and Competition: Open access to data could spur the development of new vehicle-related services and applications.
- Transparency: Clear opt-out options for data sales empower consumers to make informed choices.
- Cybersecurity Standards: Compliance with industry cybersecurity standards enhances data protection.
Potential Disadvantages
- Compliance Costs: Manufacturers may face increased costs to comply with data access and security requirements.
- Potential for Misuse: Unrestricted data access could lead to misuse or unauthorized access by third parties, despite cybersecurity standards.
- Enforcement Challenges: Ensuring compliance and addressing violations may pose challenges for the FTC.
- Unintended Consequences: The broad definitions and exceptions could lead to loopholes or unintended interpretations.
- Complexity for Consumers: Navigating data access options and understanding privacy implications may be complex for some consumers.
Constitutional Alignment
The DRIVER Act aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures, by granting individuals more control over their personal data generated by their vehicles. While the Constitution does not explicitly address data privacy, the principles of individual liberty and protection from government intrusion support the intent of this legislation. The Commerce Clause (Article I, Section 8) provides Congress with the power to regulate interstate commerce, which includes the manufacturing and sale of motor vehicles and related data.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).