Section § 22948.50

Explanation

This law requires car manufacturers to disclose if a new vehicle model has built-in cameras. If cameras are a standard feature, this must be mentioned in the owner's manual. If they're not standard, the dealer must be informed through documents like the vehicle specification sheet. Dealers must not sell or lease such vehicles without clearly telling buyers about the cameras. They must provide a separate document acknowledging the presence of cameras, requiring the buyer's signature to confirm they've been informed. Buyers have the right to see documentation about these cameras before purchasing, and signing the disclosure form does not mean they agree to any use of the footage. Dealers aren't liable for disclosure failures if the manufacturer's documentation is at fault.

(a)CA Business and Professions Code § 22948.50(a) A manufacturer of a new motor vehicle model that is equipped standard with one or more in-vehicle cameras that is sold or leased in this state shall disclose that fact in the owner’s manual for the vehicle. If a vehicle is equipped with one or more in-vehicle cameras and the camera does not come standard with the vehicle model, the manufacturer shall disclose that the vehicle is equipped with one or more in-vehicle cameras in a document sent to the dealer of the vehicle, which may include the vehicle specification sheet.
(b)Copy CA Business and Professions Code § 22948.50(b)
(1)Copy CA Business and Professions Code § 22948.50(b)(1) A dealer shall not provide for the sale or lease of a new motor vehicle equipped with one or more in-vehicle cameras in this state without prominently informing, during the purchase of the vehicle, and in accordance with the procedures of paragraphs (2) and (3), either the user or the person designated by the user to purchase the vehicle.
(2)CA Business and Professions Code § 22948.50(b)(2) Prior to the execution of the conditional sales contract for a vehicle, the dealer shall provide to the user, or the person designated by the user to purchase the vehicle, a separate disclosure, either written or electronic, acknowledging the existence and operation of an in-vehicle camera in the purchased vehicle, and shall obtain the written or electronic signature of the user or purchaser on that disclosure. The disclosure shall meet all of the following criteria:
(A)CA Business and Professions Code § 22948.50(b)(2)(A) Be contained on a single document or single internet website that is separate from the conditional sales contract, purchase order, and any other document.
(B)CA Business and Professions Code § 22948.50(b)(2)(B) Contain the following language, written in at least 20-point bold type:
“This vehicle may be equipped with an in-vehicle camera capable of recording the driver and other individuals inside the vehicle. For more information about the in-vehicle camera please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual. The manufacturer is required to notify the dealer about an in-vehicle camera in the owner’s manual, specification sheet, or other document. A buyer or lessee of a vehicle has a right to review the owner’s manual or any other provided document prior to purchase to determine if an in-vehicle camera exists. For more information about the in-vehicle camera, please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual. If a manufacturer or other person or entity obtains or shares any video or photographs without your consent and in violation of law, they may be subject to legal action, including, but not limited to, via a county district attorney, the state attorney general, or otherwise as described in Sections 22948.51 and 22948.55 of the Business and Professions Code.
By law, signing this acknowledgment form does not waive any rights of the user or constitute consent to a manufacturer to share, sell, or retain any images or videos captured by the in-vehicle camera.”
(C)CA Business and Professions Code § 22948.50(C) Include a signature or acknowledgment box that the buyer or lessee, or their representative, has reviewed the disclosure language identified in subparagraph (B) and understands their right to review, before purchasing or leasing the vehicle, the vehicle owner’s manual and any other information provided by the manufacturer pertaining to in-vehicle cameras.
(3)CA Business and Professions Code § 22948.50(3) A buyer or lessee of a vehicle has a right to review the owner’s manual or any other document, if any is provided by the manufacturer, prior to purchase to determine if an in-vehicle camera exists.
(c)CA Business and Professions Code § 22948.50(c) A dealer shall not be held liable for a violation of subdivision (b) if the manufacturer of that vehicle is in violation of subdivision (a) with respect to that vehicle.

Section § 22948.51

Explanation

This California law outlines rules for handling images or videos from in-vehicle cameras. It prohibits using, selling, or sharing recordings unless specific conditions are met, like getting user consent. Even if shared, the use is restricted to the consented purpose and must be brief. Users can revoke consent easily, and companies must honor this by deleting data quickly. The law also prevents discrimination against users exercising these rights. Exceptions to these limitations include legal requests or safety needs. Special rules apply if imagery is linked to emergency responses or investigations. Lastly, compliance with privacy laws remains mandatory.

(a)CA Business and Professions Code § 22948.51(a) Any image or video recording collected or retained through the operation of an in-vehicle camera shall not be:
(1)CA Business and Professions Code § 22948.51(a)(1) Used for any advertising.
(2)CA Business and Professions Code § 22948.51(a)(2) Sold to a third party.
(3)CA Business and Professions Code § 22948.51(a)(3) Shared with a third party unless any of the following apply:
(A)CA Business and Professions Code § 22948.51(a)(3)(A) The user has provided affirmative prior consent, and all of the following requirements are met:
(i)CA Business and Professions Code § 22948.51(a)(3)(A)(i) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose affirmatively consented to by the consumer, do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.
(ii)CA Business and Professions Code § 22948.51(a)(3)(A)(ii) The user receives clear, meaningful notice prior to the sharing of the images or video recordings, including the party or parties with whom the images or recordings will be shared, and the purpose for which the images or recordings will be shared.
(B)Copy CA Business and Professions Code § 22948.51(a)(3)(B)
(i)Copy CA Business and Professions Code § 22948.51(a)(3)(B)(i) The images or video recordings are shared with a third party only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.
(ii)CA Business and Professions Code § 22948.51(a)(3)(B)(i)(ii) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose specified in clause (i), do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.
(C)CA Business and Professions Code § 22948.51(a)(3)(C) The images or video recordings are shared with a third party in order to comply with a valid verifiable consumer request pursuant to Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code.
(D)CA Business and Professions Code § 22948.51(a)(3)(D) The images or video recordings are shared with a third party pursuant to a records request, including, but not limited to, a request pursuant to subdivision (b) of Section 832.7 of the Penal Code or Section 7923.625 of the Government Code or Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(4)CA Business and Professions Code § 22948.51(a)(4) Retained at any location, other than the vehicle itself, unless either of the following apply:
(A)CA Business and Professions Code § 22948.51(a)(4)(A) The user has provided affirmative prior consent.
(B)CA Business and Professions Code § 22948.51(a)(4)(B) The images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.
(5)CA Business and Professions Code § 22948.51(a)(5) Downloaded, retrieved, or otherwise accessed by a person or entity other than the user, unless either of the following apply:
(A)CA Business and Professions Code § 22948.51(a)(5)(A) The user has provided affirmative prior consent.
(B)Copy CA Business and Professions Code § 22948.51(a)(5)(B)
(i)Copy CA Business and Professions Code § 22948.51(a)(5)(B)(i) Subject to clause (ii), the images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera.
(ii)CA Business and Professions Code § 22948.51(a)(5)(B)(i)(ii) The person or entity that downloads, retrieves, or otherwise accesses the images or recordings does not use the images or video recordings for any purpose other than the purpose specified in clause (i), does not share or transmit the images or video recordings, and does not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared.
(b)Copy CA Business and Professions Code § 22948.51(b)
(1)Copy CA Business and Professions Code § 22948.51(b)(1) A person or entity that provides the operation of an in-vehicle camera in this state shall provide effective mechanisms, without any cost, penalty, or unnecessary steps, for a consumer to revoke their consent pursuant to subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a) after it is given. At least one of these mechanisms shall utilize the primary medium through which the person or entity communicates with users.
(2)CA Business and Professions Code § 22948.51(b)(2) A person or entity subject to paragraph (1) shall honor the user’s consent revocation, and shall delete from all locations other than the vehicle itself any image or recording associated with that user that has been collected, retained, downloaded, or retrieved by that person or entity under subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a), as soon as practicable, but not later than 30 days after the user revokes consent.
(c)CA Business and Professions Code § 22948.51(c) A person or entity shall not discriminate against a user because the user has exercised any of their rights under this chapter. Discriminatory acts shall include, but not be limited to, the following:
(1)CA Business and Professions Code § 22948.51(c)(1) Denying goods, services, or benefits to the user.
(2)CA Business and Professions Code § 22948.51(c)(2) Charging different prices or rates for goods or services, including through the use of discounts or other incentives or imposing penalties.
(3)CA Business and Professions Code § 22948.51(c)(3) Providing a different level or quality of goods, services, or benefits to the user.
(4)CA Business and Professions Code § 22948.51(c)(4) Suggesting that the user will receive a different price or rate for goods, services, or benefits, or a different level or quality of goods, services, or benefits.
(5)CA Business and Professions Code § 22948.51(c)(5) Considering the user’s exercise of rights under this chapter as a basis for suspicion of criminal wrongdoing or unlawful conduct.
(d)CA Business and Professions Code § 22948.51(d) Images or video recordings retained through the operation of an in-vehicle camera may be retrieved or shared without the user’s permission if any of the following apply:
(1)CA Business and Professions Code § 22948.51(d)(1) In a court, arbitration, or other judicial or administrative authority, the video recordings are subject to the standards for admission into evidence required by that court, arbitrator, or other administrative authority.
(2)Copy CA Business and Professions Code § 22948.51(d)(2)
(A)Copy CA Business and Professions Code § 22948.51(d)(2)(A) The images or video recordings are retrieved pursuant to an investigation or inspection authorized under Section 1131(a) or 30166 of Title 49 of the United States Code, and the personal information of an owner or a lessee of the vehicle, including the vehicle identification number, is not disclosed in connection with the video recordings retrieved pursuant to this subparagraph.
(B)CA Business and Professions Code § 22948.51(d)(2)(A)(B) Notwithstanding subparagraph (A), a vehicle identification number may be disclosed to the manufacturer or other entity responsible for providing the images or video recordings pursuant to subparagraph (A).
(3)CA Business and Professions Code § 22948.51(d)(3) The images or video recordings are retrieved for the purpose of immediately determining the need for, or facilitating, emergency medical response to a motor vehicle crash.
(e)Copy CA Business and Professions Code § 22948.51(e)
(1)Copy CA Business and Professions Code § 22948.51(e)(1) Notwithstanding subdivisions (a) to (d), inclusive, any image or video recording collected or retained through the operation of an in-vehicle camera may be shared with a third party, retained at a location other than the vehicle, or downloaded, retrieved, or otherwise accessed by a person or entity other than the user to comply with a preservation request pursuant to Chapter 119 or 121 of Title 18 of the United States Code, or a lawful subpoena, court order, or search warrant.
(2)CA Business and Professions Code § 22948.51(e)(2) Paragraph (1) shall not be construed to relieve a person or entity from compliance with the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code), including, but not limited to, Section 1546.5 of the Penal Code.

Section § 22948.52

Explanation

This law states that you can't force a car camera maker or operator to include certain features just so the police or investigators can spy on what you're saying in the car.

A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.

Section § 22948.53

Explanation

This law section defines key terms related to the privacy and consent required for sharing or retaining recordings from in-vehicle cameras. It explains that "affirmative prior consent" means a user must clearly agree to share or keep these recordings, which can be done through specific ways like signing a form or confirming on a screen in the car. The consent must be clear, and users shouldn't be tricked into giving it by confusing or misleading methods. These terms apply to people who buy or lease vehicles with in-vehicle cameras, and the manufacturers or dealers involved in these transactions.

For purposes of this chapter, the following definitions shall apply:
(a)Copy CA Business and Professions Code § 22948.53(a)
(1)Copy CA Business and Professions Code § 22948.53(a)(1) “Affirmative prior consent” means a user’s freely given, informed, and unambiguous affirmative authorization for the prospective sharing or retention of their in-vehicle camera recordings or images, in accordance with the requirements of subdivision (a) of Section 22948.51, in one of the following forms:
(A)CA Business and Professions Code § 22948.53(a)(1)(A) A page on the vehicle manufacturer’s internet website clearly dedicated to privacy where the user can acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. This acknowledgment of consent shall not be given in combination with any other acknowledgment, consent, or agreement.
(B)CA Business and Professions Code § 22948.53(a)(1)(B) A user’s response to a mail form sent by the vehicle manufacturer and returned by the user with their signature acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51.
(C)CA Business and Professions Code § 22948.53(a)(1)(C) A user’s signature on a written or electronic form, at the time of the vehicle purchase, acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The form shall be contained on a single document or single internet page, written in at least 20-point bold font, that is separate from the conditional sales contract, purchase order, or any other document or internet page.
(D)CA Business and Professions Code § 22948.53(a)(1)(D) A dedicated prompt displayed on a screen located on the vehicle’s center console which allows the user to acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The prompt shall meet all of the following criteria:
(i)CA Business and Professions Code § 22948.53(a)(1)(D)(i) Outline the limited sharing or retention for which the user may give consent under subdivision (a) of Section 22948.51, and provide a description of how the user may acknowledge or revoke consent in the future.
(ii)CA Business and Professions Code § 22948.53(a)(1)(D)(ii) Only allow the user to give consent pursuant to the provisions of subdivision (a) of Section 22948.51, and shall not be used to provide consent for any other purpose or be used in conjunction with any other separate acknowledgment of consent.
(iii)CA Business and Professions Code § 22948.53(a)(1)(D)(iii) Be displayed to the user only in any of the following instances:
(I)CA Business and Professions Code § 22948.53(a)(1)(D)(iii)(I) The initial setup of the vehicle during or after purchase.
(II) When diagnoses, service, or repair of the in-vehicle camera, or vehicle equipment that relies on or utilizes the in-vehicle camera, is required.
(III) When the user chooses, through a setting on the vehicle’s center console, to view the prompt for the purpose of acknowledging or revoking consent.
(2)CA Business and Professions Code § 22948.53(a)(2) “Affirmative prior consent” shall not include any of the following:
(A)CA Business and Professions Code § 22948.53(a)(2)(A) Acceptance of a general or broad terms of use, or similar document, that contains descriptions of sharing or retention of in-vehicle camera recordings or images along with other, unrelated information.
(B)CA Business and Professions Code § 22948.53(a)(2)(B) Hovering over, muting, pausing, or closing a given piece of content in an electronic format.
(C)CA Business and Professions Code § 22948.53(a)(2)(C) Agreement obtained through a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice.
(b)CA Business and Professions Code § 22948.53(b) “Dealer” has the same meaning as set forth in Section 285 of the Vehicle Code.
(c)CA Business and Professions Code § 22948.53(c) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or is capable of, recording images or video inside the cabin of the vehicle.
(d)CA Business and Professions Code § 22948.53(d) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or consumer device.
(e)CA Business and Professions Code § 22948.53(e) “User” means a person who originally purchases, leases, or takes ownership of a vehicle equipped with an in-vehicle camera. A person who is incidentally recorded when a vehicle is operated by a user shall not be deemed to be a user.
(f)CA Business and Professions Code § 22948.53(f) “Vehicle manufacturer” or “manufacturer” has the same meaning as set forth in Section 672 of the Vehicle Code.

Section § 22948.54

Explanation
This law states that you cannot waive the rules in this chapter, meaning any agreement to ignore or bypass these rules is not allowed and cannot be legally enforced.
Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.

Section § 22948.55

Explanation
This law explains that only the Attorney General or district attorneys can bring civil cases against individuals or businesses that break this rule, which focuses on in-vehicle cameras. If someone is found violating the rule, the court can order them to stop, and they may have to pay a fine up to $2,500 per vehicle involved. Penalty funds go to either the state's General Fund or the county's treasury, depending on who brought the case.
(a)CA Business and Professions Code § 22948.55(a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.
(b)CA Business and Professions Code § 22948.55(b) A court may enjoin a person who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(c)CA Business and Professions Code § 22948.55(c) A person who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each vehicle equipped with an in-vehicle camera sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.

Section § 22948.56

Explanation

This law says that any penalties or remedies outlined in this chapter can be used in addition to those available under other state laws. In other words, if someone breaks a rule here, they might face multiple consequences from different legal sources.

The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.

Section § 22948.57

Explanation

This section ensures that consumer rights and business obligations relating to privacy are not diminished by this chapter. If there's a clash with other state laws, the law that best protects consumer privacy will prevail. Also, these consumer rights and business obligations won't apply if they interfere with noncommercial activities protected by the California Constitution.

(a)CA Business and Professions Code § 22948.57(a) This chapter does not reduce the rights afforded to a consumer or the obligations imposed on a business pursuant to any applicable state or federal law for the protection of individual privacy.
(b)CA Business and Professions Code § 22948.57(b) In the event of a conflict between this chapter and any other state law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.
(c)CA Business and Professions Code § 22948.57(c) The rights afforded to consumers and the obligations imposed on any business pursuant to this chapter do not apply to the extent that they infringe on the noncommercial activities of a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution.

Section § 22948.58

Explanation

This law section explains two key points: First, it says that this chapter doesn't apply to cameras installed in commercial vehicles like buses, motortrucks, and truck tractors. Second, it clarifies that you can't sell or use images or videos of commercial drivers for advertising without their permission.

(a)CA Business and Professions Code § 22948.58(a) This chapter shall not apply to cameras installed in vehicles that are primarily for commercial use, including buses, as defined in Section 233 of the Vehicle Code, motortrucks, as defined in Section 410 of the Vehicle Code, and truck tractors, as defined in Section 655 of the Vehicle Code.
(b)CA Business and Professions Code § 22948.58(b) Nothing in this chapter authorizes the sale or advertising for commercial use of any image or video depicting a commercial driver without their consent.

Section § 22948.59

Explanation
This law says that if one part of this chapter is found to be invalid, it doesn't make the rest of the chapter invalid. The valid parts can still be used and applied independently.
The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.