On October 13th, 2023, the Governor of California signed Senate Bill No. 296 concerning in-vehicle cameras. The bill adds Chapter 36, commencing with Section 22948.50, to Part 8 of the Business and Professions Code, thereby enacting it into law.
The bill requires manufacturers of new motor vehicles equipped with one or more in-vehicle cameras to disclose this fact. It also prohibits the use of any images or video recordings collected through the operation of in-vehicle cameras for advertising purposes, and bans their sale or sharing with any third party, unless otherwise stipulated.
The bill further prohibits any recordings obtained via in-vehicle cameras from being retained in any location outside the vehicle itself, or from being downloaded, retrieved, or otherwise accessed by any individual or entity other than the user without explicit prior consent - unless such images and videos are used for diagnosing, servicing, repairing, or improving designated equipment and systems, or where otherwise provided. The bill also mandates that any individual or entity operating in-vehicle cameras in California provide consumers with an effective mechanism to withdraw consent. Where applicable, action must be taken within 30 days after a user revokes consent.
Additionally, the bill explicitly states that these provisions do not apply to cameras installed in vehicles primarily used for commercial purposes. They do not diminish any rights granted to consumers or obligations imposed on businesses under applicable state or federal law. In the event of any conflict between these provisions and other legal requirements, the law shall afford greater legal protection to consumers' privacy rights.
Link to Regulations: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB296
