A bipartisan group of U.S. legislators hope to help vehicle owners - including fleet owners - gain clarity on what vehicle data can be shared with OEMs.

The Auto Data Privacy and Autonomy Act lays out what data OEMS can collect, what they can and cannot do with that data, and requires them to allow vehicle owners to opt out of data collection.

U.S. Sen. Mike Lee and Sen. Jeff Merkley introduced the legislation in the Senate. U.S. Rep. Eric Burlison leads the companion bill in the House.

Breaking Down the Bill

According to a news release, the bill would:

1. Mandate that OEMs establish opt-in features for vehicle data collection

2. Prohibit OEMs from sharing, selling, or leasing collected customer data without explicit consent, with narrow exceptions required by law

3. Bar data sharing with adversarial nations

4. Direct the Federal Trade Commission to report to Congress on data collection practices

5. Allow vehicle owners access to their vehicle’s data through technology-neutral standards set by the National Institute of Standards and Technology (NIST)

6. Give owners the right to delete their data after connecting to a vehicle

7. Protecting OEM confidential business information while safeguarding consumer rights

“Ownership should mean control," Sen. Lee said. “Americans deserve to decide who has access to their personal data and how it is used—whether they are driving to work, harvesting crops, or operating machinery on a construction site. This bill empowers individuals to regain control of their vehicle data and restores transparency to a system that has left too many in the dark.”

In a news release, Sen. Lee's team pointed to a recent Salesforce survey of over 2,000 U.S. car owners and lessors that revealed significant confusion about what constitutes a connected car and the extent of data these vehicles collect. 

The current separation of vehicle ownership and data ownership leaves drivers vulnerable to unclear data-sharing practices, invasive surveillance, and a lack of control over their own property, the news release noted.

How the Industry is Responding

National Association of Fleet Administrators (NAFA) CEO Bill Schankel voiced support for the bill, calling it progress on the 'important subject of data access for vehicle owners and lessees.'

“We appreciate the efforts of Senator Lee and Representative Burlison in developing legislation to ensure that vehicle owners and lessees have unrestricted access to the data generated by the vehicles they operate, data that is critical to ongoing improvements in efficient fleet operations. We look forward to working with the Congress and other stakeholders in developing effective bipartisan legislation on vehicle data access," Schankel continued.

American Car Rental Association (ACRA) leadership also shared support for the bill, stating that it ensures transparency, fairness, and privacy protection.

“Facilitating open APIs (application programming interfaces) allows consumers and vehicle owners to delete data from the vehicle’s infotainment system that may have been downloaded during the consumer’s use. This provision helps maintain consumer privacy and ensures that personal information is effectively managed," ACRA Board of Directors President Sharky Laguana said. "Both the vehicle owner data access and consumer data deletion provisions align with ACRA's mission to drive growth and innovation while safeguarding customer privacy."

Laguana went on to say that the legislation could help ensure fair competition by 'removing unnecessary barriers imposed by manufacturers and giving car rental companies more flexibility to innovate.'

Both the Senate and House bills were introduced and referred to committees.