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New state laws protect abuse survivors from misuse of vehicle connectivity

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Contributors:

Arsen Kourinian

AIGP, CIPP/A, CIPP/C, CIPP/E, CIPP/US, CIPM, FIP

Partner, AI Governance, Data Privacy and Cybersecurity

Mayer Brown

Editor's note: The IAPP is policy neutral. We publish contributed opinion and analysis pieces to enable our members to hear a broad spectrum of views in our domains.

New laws in California and New York may require vehicle manufacturers to provide drivers and domestic abuse survivors the right to terminate an abuser's access to connected vehicle services.

The laws on connected vehicle services, Section 399-ccccc of New York's General Business Law and Section 28220 of California's Vehicle Code, took effect 15 May and 1 July, respectively.

The legislation is an expansion of the federal Safe Connections Act of 2022, which requires telecommunications providers, upon the survivor's request, to separate a mobile phone line from an abuser, which is defined as an individual who has committed or allegedly committed crimes against the individual seeking relief, such as domestic violence or human trafficking.

The New York and California laws were passed to provide in-vehicle protections to survivors and prevent abusers from stalking, threatening and/or engaging in violence and other harmful acts against victims who may not have resources, options and/or meaningful support to gain independence from abusers. Under the laws, victims can cancel connected vehicle services without incurring any fees or penalties.

The laws have very specific procedural and technical requirements vehicle manufacturers and providers of connected vehicle services may need to implement. Manufacturers who fail to comply may be assessed a civil penalty of up to USD500 per violation under New York's connected vehicle services law. The California law is silent on penalties, but it could be enforced as a violation of the state's Vehicle Code.

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Contributors:

Arsen Kourinian

AIGP, CIPP/A, CIPP/C, CIPP/E, CIPP/US, CIPM, FIP

Partner, AI Governance, Data Privacy and Cybersecurity

Mayer Brown

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