Data that is recorded or transmitted by an EDR may not be accessed by anyone other than the owner or lessee, unless:
A court, judicial or administrative authority authorizes the data retrieval, and whatever retrievable data there is meets the standards for admission into evidence required by the court.
The car’s owner or lessee provides consent for the data’s release for any purpose.
The data is retrieved in determining the need for emergency medical response.
It is retrieved for traffic safety research with the personally identifiable information of the owner or lessee removed.
Within one year of this legislation’s enactment the Administrator of the National Highway Traffic Safety Administration would submit a report detailing the amount of time EDRs should capture and record for retrieval of vehicle-related data to provide enough information for crash investigations. The Administrator would then have a two-year window in which they would be required to put forward regulations on the amount of time EDRs should retain data.