The U.S. Senate Commerce Committee convened a hearing entitled, “Examining Legislative Proposals to Protect Consumer Data Privacy.” There have been a number of privacy hearings in the 115th and 116th congresses. This particular hearing is of note because both the Chairman of the Committee, Senator Roger Wicker (R-MS) and Ranking Member Maria Cantwell (D-WA) have introduced separate bills on data privacy. Chairman Wicker’s legislation, the United States Consumer Data Privacy Act of 2019 (USCDPA), and Ranking Member Cantwell’s bill, the Consumer Online Privacy Rights Act of 2019 (COPRA), will be on the main stage as consumer data privacy is considered in the second session of the 116th Congress.

Witnesses for the data privacy hearing included:
    •    The Honorable Julie Brill, Former Commissioner of the Federal Trade Commission, Microsoft
    •    The Honorable Maureen Ohlhausen, Former Acting-Chair of the Federal Trade Commission, Co-Chair, 21stCentury Privacy Coalition
    •    Laura Moy, Executive Director and Associate Professor of Law, Georgetown Law Center on Privacy & Technology
    •    Nuala O’Connor, Senior Vice President and Chief Counsel, Digital Citizenship at Walmart
    •    Michelle Richardson, Director of Privacy and Data, Center for Democracy and Technology

Witnesses encouraged policymakers to move forward with a federal framework of privacy legislation as technology continues to advance and with it, data collection guideline needs.  Suggestions included the use of restrictions, transparent, simple choices for consumers and the selection of a regulator, i.e. the Federal Trade Commission (FTC) to provide the details of such a framework. There was general agreement that federal legislation was necessary to provide a uniform structure of consumer data privacy protection.

The Automotive Service Association (ASA), as part of the U.S. Vehicle Data Access Coalition, submitted comments for the hearing. The Coalition highlighted several important points about the consumer data access legislation:

    •    Both drafts address “access” to data by individuals, but ignore the direct, secure, real-time, bidirectional and standardized motor vehicle data access that motor vehicle owners – whether individuals or business entities – must have to manage and control their motor vehicles – both now and in the future as motor vehicles become more autonomous.

    •    Both drafts address how “covered data” and “sensitive covered data” can be used (or not used) by a “covered entity”; but neither draft addresses the key issue—from the Coalition’s point of view—of guaranteeing a motor vehicle owner’s right to direct, real-time, secure and bi-directional access to the data generated by a motor vehicle; the Coalition respectfully suggests that both drafts must address motor vehicle data access; without a guarantee of data “access,” the regulation of data “use” is moot.

There are several paths for vehicle data access legislation including data privacy, autonomous vehicle legislation or stand-alone vehicle data access legislation, possibly others.  The second session of the 116th Congress will likely determine how vehicle data access is addressed.

In the U.S. House, Representatives Anna Eshoo (D-CA) and Zoe Lofgren (D-CA) introduced H.R. 4978, the Online Privacy Act of 2019.   Key provisions of the legislation:

    •    The bill grants every American the right to access, correct, or delete their data. It also creates new rights, like the right to impermanence, which lets users decide how long companies can keep their data.

    •    The bill minimizes the amount of data companies collect, process, disclose, and maintain, and bars companies from using data in discriminatory ways. Additionally, companies must receive consent from users in plain, simple language.

    •    The bill establishes an independent agency led by a Director that’s appointed by the President and confirmed by the Senate for a five-year term. The DPA will enforce privacy protections and investigate abuses.

Consumer data privacy policy matters to automotive repairers because this issue will likely be a determining factor in the process for vehicle data access as well as the path forward for independent repairers relative to new vehicle technologies. You can follow consumer data privacy and vehicle data access issues on ASA’s legislative website www.TakingtheHill.com.