Maintaining competition and data privacy after consumers purchase motor vehicles

(a) In general (1) Prohibition on motor vehicle manufacturers withholding vehicle-generated data, critical repair information, and tools A motor vehicle manufacturer may not employ any technological barrier or specified legal barrier that impairs the ability of— (A) a motor vehicle owner (or a designee of a motor vehicle owner) to access vehicle-generated data pursuant to paragraph (2); (B) a motor vehicle owner (or a designee of a motor vehicle owner), an aftermarket parts manufacturer, a diagnostic tool manufacturer, a manufacturer of motor vehicle equipment, an aftermarket parts remanufacturer, or a motor vehicle repair facility (or a distributor or service provider of a motor vehicle repair facility) to access critical repair information and tools; (C) a motor vehicle owner (or a designee of a motor vehicle owner) to use a motor vehicle towing or service provider chosen by such owner (or such designee); (D) an aftermarket parts manufacturer, a motor vehicle equipment manufacturer, an aftermarket parts remanufacturer, or a motor vehicle repair facility (or a distributor or service provider of a motor vehicle repair facility) to produce or offer compatible aftermarket parts; or (E) a motor vehicle owner (or a designee of a motor vehicle owner) to diagnose, repair, and maintain a motor vehicle in the same manner as any motor vehicle manufacturer or motor vehicle dealer. (2) Requirement to provide vehicle-generated data to motor vehicle owners A motor vehicle manufacturer shall— (A) provide for a motor vehicle owner (or a designee of a motor vehicle owner), without restriction or limitation, in or at the same manner, time, method, cost (less discounts and rebates), data content set, and subject to the same cryptographic or technological protections as any motor vehicle manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party to whom such manufacturer provides vehicle-generated data, to have access to vehicle-generated data— (i) through and including the interface ports of the motor vehicle (including OBD port and J–1939); and (ii) to the extent such vehicle is equipped for wireless transmission of such data, over wireless technology via any telematics system; and (B) make available to motor vehicle owners (or designees of motor vehicle owners), aftermarket parts manufacturers, aftermarket parts remanufacturers, diagnostic tool manufacturers, and motor vehicle repair facilities (and the distributors and service providers of such facilities) without restriction or limitation, in or at the same manner, time, method, cost (less discounts and rebates), data content set, and subject to the same cryptographic or technological protections, as any motor vehicle manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party to whom such manufacturer provides vehicle-generated data, any critical repair information and tools related to the motor vehicles such manufacturer manufactures. (3) Prohibition on certain mandates related to repairs Except for recall and warranty repairs, repair or maintenance service procedures, recommendations, service bulletins, repair manuals, position statements, or other similar repair or maintenance guides that are distributed to consumers or to professional repairers, a motor vehicle manufacturer may not— (A) mandate or imply a mandate to use any particular brand or manufacturer of parts, tools, or motor vehicle equipment; or (B) recommend the use of any particular brand or manufacturer of parts, tools, or motor vehicle equipment without a prominent notice immediately following the recommendation, in the same font as the recommendation and in a font size no smaller than the font size used in the recommendation, stating that: Vehicle owners can choose which repair parts, tools, and motor vehicle equipment to purchase and should carefully consider their options.. (4) Prohibition on certain limitations Motor vehicle manufacturers may not limit the number or types of persons who a motor vehicle owner may designate as simultaneous designees under this subsection. (5) Limitation A motor vehicle manufacturer, including any affiliate of such manufacturer and any person working on behalf of such manufacturer, may not be considered or treated in the same way as the motor vehicle owner (or a designee of the motor vehicle owner) for any purpose, except for inclusion in notifications of persistent access to vehicle-generated data. (6) Rules of construction Nothing in this Act may be construed to— (A) limit or expand any law or right relating to intellectual property; (B) require a motor vehicle manufacturer to divulge any trade secret (as defined in section 1839 of title 18, United States Code) that is not made available to motor vehicle owners (or designees of motor vehicle owners), aftermarket parts manufacturers, aftermarket parts remanufacturers, diagnostic tool manufacturers, and motor vehicle repair facilities (and the distributors and service providers of such facilities) pursuant to paragraph (2)(B); or (C) preclude a motor vehicle manufacturer from employing cryptographic or technological protections necessary to secure vehicle-generated data, safety critical vehicle systems, and motor vehicles. (7) Requirements for persons receiving vehicle-generated data (A) Revocation of designation A motor vehicle owner may revoke the designation of a designee of such owner in the same manner that such designee is designated and without any unreasonable or deceptive burden or barrier on such owner. (B) Request to delete data Except as provided in subparagraph (D), a person who accesses vehicle-generated data shall delete such data not later than 72 hours after the relevant motor vehicle owner requests (digitally or in writing) the person to do so, with the exception of such data that is necessary to retain for motor vehicle maintenance record-keeping, accounting, and safety purposes. (C) Use of data Except as provided in subparagraph (D), a person who accesses or stores vehicle-generated data— (i) may not use such data for any purpose unrelated to the diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the motor vehicle as such services are requested by the motor vehicle owner; and (ii) may not sell, license, or transfer such data to any other person, except as requested or consented to by the motor vehicle owner for the purpose of diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the motor vehicle. (D) Research and development exception (i) Research and development Notwithstanding subparagraphs (B) and (C), a manufacturer of motor vehicles, parts, or tools may use and retain vehicle-generated data in a de-identified form for purposes of research and development related to the manufacture or service of such motor vehicles, parts, or tools. (ii) Data in a de-identified form defined In this paragraph, the term data in a de-identified form means information that does not identify and is not linked or reasonably linkable to a distinct individual or motor vehicle, regardless of whether the information is aggregated, and with respect to which the manufacturer of the motor vehicle, parts, or tools— (I) takes reasonable technical measures to ensure that the information cannot, at any point, be used to re-identify an individual or device that identifies or is linked or reasonably linkable to an individual; (II) publicly commits in a clear and conspicuous manner— (aa) to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and (bb) to not attempt to re-identify the information with any individual or any device that identifies or is linked or reasonably linkable to an individual; and (III) contractually obligates any person or entity who receives the information from such manufacturer— (aa) to comply with each provision of this clause with respect to the information; and (bb) to require that such obligation is included contractually in any subsequent instance in which the information may be received by such person or entity. (b) Nullification of attempts To restrict competition and consumer rights Any provision in a contract executed on or after the date of the enactment of this Act by or on behalf of a motor vehicle manufacturer that purports to violate subsection (a) shall be null and void to the extent that such provision would allow the motor vehicle manufacturer to avoid the prohibitions and requirements described in subsection (a).