As most state legislatures have wrapped up for their 2014 sessions, the New Jersey Assembly has recently seen legislation introduced relative to vehicle recording devices. The Automotive Service Association (ASA) reports that New Jersey Assemblyman Paul Moriarty (D-4) has introduced NJ A 3579, a bill that states no one besides the owner, or the owner’s representative, is authorized to access or use the data contained in a vehicle’s recording device except in extenuating circumstances. Under the bill, there are five instances in which the data may be accessed by someone other than the owner:
(1) the owner, or the owner’s representative, consents in writing at the time the data is retrieved, obtained or used;
(2) the recorded data is retrieved or obtained by a law enforcement officer pursuant to a search warrant issued by a Superior Court judge or upon order by a court of competent jurisdiction or another administrative authority;
(3) the recorded data is used for the purpose of improving motor vehicle safety, including security, traffic management or medical research, provided that the identity of the owner, operator or other occupant of the vehicle is not disclosed;
(4) the recorded data is retrieved or obtained by a licensed new motor vehicle dealer, a motor vehicle repair or servicing facility and a technician or mechanic at such a facility, or the manufacturer of the motor vehicle, and used for the sole purpose of diagnosing, servicing or repairing the motor vehicle; or
(5) the recorded data is retrieved or obtained pursuant to a legally proper discovery request or order in a civil action.
NJ A 3579 is currently before the Committee on Consumer Affairs for further consideration.
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