SACRAMENTO – Protecting consumers against the increased collection and sale of personal data, Sen. Bill Dodd, D-Napa, announced new legislation that would notify drivers when images are gathered by in-vehicle cameras and prohibit their sale to third parties or for advertising purposes.
“Increasingly in society today, we find ourselves being recorded or surveilled with no idea how the images are being used,” Sen. Dodd said. “This erosion of privacy is now happening inside our own cars. My bill would prevent the unwanted taking of video by in-vehicle cameras and give the consumer more control over their personal information.”
Vehicle camera technology has evolved in recent years from the ubiquitous back-up cameras and blind-spot monitoring systems to newer in-vehicle cameras that enhance driver safety by monitoring impaired or distracted driving. However, there is increasing concern that such cameras could also be exploited by data brokers and other third parties who would sell driver and passenger images without regard to consumer privacy.
Existing law offers some protections but gaps remain. In response, Sen. Dodd introduced Senate Bill 296, would place restrictions on the retention and transfer of video recordings from in-vehicle cameras. Under provisions of the bill, consumers would not have to take action to prevent their in-vehicle video recordings from being collected without their permission or knowledge. And the bill would not prevent the use of cameras for traffic safety.
The bill, which is supported by Consumer Federation of California, was introduced Thursday and is expected to be heard in committee next month. It is similar to a bill from Sen. Bob Wieckowski, D-Fremont, that was introduced in the Legislature in 2022. Sen. Dodd was the co-author of California’s landmark Consumer Privacy Act and numerous other related consumer protections.
“Consumers should know if their cars have inward facing cameras that may be recording them and their passengers, and auto companies should not be able to use these videos without a consumer’s clear consent,” said Robert Herrell, executive director of the Consumer Federation of California. “AB 296 would make California the first state in the country to give consumers meaningful control over these types of in-vehicle cameras. We thank Sen. Dodd for authoring this important legislation.”
Senator Bill Dodd represents the 3rd Senate District, which includes all or portions of Napa, Yolo, Sonoma, Solano, Sacramento and Contra Costa counties. More information on Senator Bill Dodd can be found at www.senate.ca.gov/dodd.
LEGISLATIVE COUNSEL’S DIGEST
SB 296, as introduced, Dodd. In-vehicle cameras.
Existing law prohibits a person or entity from providing the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television. Existing law further prohibits any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television, or a third party contracting with a manufacturer of a connected television, from being sold or used for any advertising purpose. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. Existing law prohibits a waiver of these prohibitions and authorizes their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney.
This bill would require a manufacturer of a new motor vehicle that is equipped with one or more in-vehicle cameras to disclose that fact, as specified. The bill would prohibit a person or entity from providing for the sale or lease of a new motor vehicle with one or more in-vehicle cameras in this state without prominently informing the user or the person designated by the user to purchase the vehicle, as specified. The bill would further prohibit any images or video recordings collected through the operation of an in-vehicle camera from being used for any advertising purpose or being sold to any third party. The bill would also prohibit these images or video recordings from being shared with third parties, except as provided. The bill would also prohibit any recording obtained through operation of an in-vehicle camera from being retained at any location other than the vehicle itself, or being downloaded, retrieved, or otherwise accessed by a person or entity other than the user, as defined, without affirmative prior consent, as defined, except as provided. The bill would require a person or entity that provides the operation of an in-vehicle camera in this state to provide effective mechanisms for a consumer to revoke consent. The bill would prohibit a person or entity from compelling a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor images through that feature. The bill would prohibit a waiver of these protections, and would authorize their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney. The bill would specify that these provisions do not apply to cameras installed in vehicles that are primarily for commercial use, as specified, and do not reduce the rights afforded to a consumer or the obligations imposed on a business under any applicable state or federal law, and that in the case of a conflict between these provisions and any other law, the law providing for the greater protection for the right of privacy for consumers controls.