See Federal laws directly below. Click on a state to see its individual laws.

Federal Standards for Safeguarding Customer Information

Federal Trade Commission important rule change effective 12/09/22 safeguards the Personal Information (including sensitive geolocation and phone data) that is frequently stored in vehicles dealerships own: lease returns, loaners, and trades

Data Disposal Statute (Non-regulated Commercial)

Covered businesses must dispose of data containing personally identifying information when the records no longer serve a business purpose.

Implications for Auto Businesses:
Covered auto businesses must dispose of personally identifying information left on vehicles from previous customers or owners. The personally identifying information must be completely destroyed, erased, or otherwise rendered unreadable or indecipherable by any means.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable security measures to protect against a breach of personally identifying information.

Implications for Auto Businesses:
Auto businesses in Alabama must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use

Alabama Insurance Data Security Statute

Alabama has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers:

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable measures to ensure that any data they dispose containing personally identifying information cannot be accessed or used by an unauthorized third party. The personally identifying information must be completely destroyed, erased, or otherwise rendered unreadable or indecipherable by any means.

Implications for Auto Businesses:
Covered auto businesses ensure that any data they dispose from their vehicles containing personally identifying information is completely destroyed or otherwise rendered unreadable or indecipherable by other parties.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Alaska Insurance Data Security Statute

Alaska has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Arizona Insurance Privacy Statute

Arizona has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers:

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Arizona Insurance Data Security Statute

Arizona has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Right To Delete/Other

If passed, Arizona’s law will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the Arizona law will require auto businesses to delete personally identifying information off their vehicles upon request.

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personally identifying information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable security measures to protect against a breach of personally identifying information.

Implications for Auto Businesses:
Auto businesses in Arkansas must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Biometric Data (Commercial)

The Arkansas Personal Information Protection Act extends the definition of personally identifying information to include biometric data.

Implications for Auto Businesses:
Biometric data left on vehicles from previous drivers is subject to the same laws and regulations–including data disposal and breach notification laws–as other forms of personally identifying information. Auto businesses should incorporate regular biometric data deletion into their overall data management regime.

Arkansas Insurance Data Security Statute

Arkansas has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

California Consumer Privacy Act of 2018 as amended by California Privacy Rights Act of 2020

Covered entities must prepare comprehensive privacy notices that are presented to consumers when personal information is collected. Additionally, covered entities must publicly disclose and inform consumers of the existence and nature of consumers’ rights under the CCPA.

Implications for Auto Businesses:
Covered auto businesses must honor privacy consumer requests from California residents to access, delete, and opt-out of sharing or selling their information. Auto businesses must consider a number of CCPA-specific requirements when updating their privacy programs, such as the CCPA’s prescriptive opt-out measures, and the need to stop selling consumer data upon an individual’s request. Additionally, auto businesses should incorporate regular biometric data deletion into their overall data management regime since the CCPA extends the definition of personal information to include biometric data.

Customer Records Disposal Statute

Covered entities must take reasonable steps to erase or destroy customer records containing personal information when the business no longer has a lawful basis to retain the customer records.

Implications for Auto Businesses:
Covered auto businesses must permanently destroy the personal information of previous customers and vehicle owners when it no longer has a lawful basis for maintaining custody or control over such customer records.

Shine The Light Law

Covered entities must either allow their customers to opt-out of information sharing or make a detailed disclosure of how personal information was shared for direct-marketing purposes. Failure to do so may result in civil penalties ranging from $500-$3,000 plus attorney fees.

Implications for Auto Businesses:
Covered auto businesses must establish a procedure by which customers may request and receive, in writing or by email, the type of personal information that has been disclosed and the names and addresses of all third parties to which such information has been disclosed.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially the California Attorney General’s Office following a data breach involving a California resident’s personal information.

Implications for Auto Businesses:
Covered auto businesses may be required to send data breach notifications to its customers or previous vehicle owners if their unencrypted personal information is left in the vehicle and then later accessed by unauthorized third parties.

Reasonable Security of Personal Information

Covered businesses that own, license, or maintain personal information must implement and maintain reasonable security procedures and practices to prevent unauthorized access, destruction, use, modification, or disclosure.

Implications for Auto Businesses:
Auto businesses that own, license, or maintain personal information about California residents must implement reasonable measures to prevent unauthorized disclosures or access to the personal information of prior vehicle owners or drivers stored in their vehicles. Auto businesses should also regularly purge any personal information left in vehicles in order to protect the same from unauthorized disclosure or use.

California Insurance Privacy Statute

California has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

California Insurance Data Security Statute

California has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

In-vehicle cameras

California Senate Bill 296, titled In-vehicle cameras, will require drivers to be notified when photographs and video recordings are captured by in-vehicle cameras.

Implications for Auto Insurers: 

Auto manufacturers would be required to disclose which vehicles are equipped with one or more in-vehicle cameras. Auto manufacturers would also be prohibited from selling or using any images or video recordings collected through the operation of an in-vehicle camera for advertising purposes, or shared with third parties. Any manufacturers that violate this measure would be subject to a civil penalty up to $2,500 for each vehicle equipped with an in-vehicle camera sold or leased in violation of the requirements of the law.

Invasion of Privacy

Cal. Pen. Code Sec. 637.7 makes it illegal to use an electronic tracking device to determine the location or movement of a person without their consent.

Implications for Auto Businesses:
Some vehicles may be equipped or upgraded to include factory or aftermarket tracking devices, including devices that collect, store, or transmit location data both on and off the vehicle. Location or movement data captured by covered devices and left on vehicles should be deleted to avoid unauthorized access or use to track vehicle location or movement data.

Colorado Privacy Act of 2021

Covered entities must prepare comprehensive privacy notices that are presented to consumers when personal information is collected. Additionally, covered entities must publicly disclose and inform consumers of the existence and nature of consumers’ rights under the CPA.

Implications for Auto Businesses:
Covered auto businesses must honor privacy consumer requests from Colorado residents to access, delete, and opt-out of sharing or selling their information. Auto businesses must consider a number of CPA-specific requirements when updating their privacy programs, such as the CPA’s prescriptive opt-out measures, and the need to stop selling consumer data upon an individual’s request.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses that own, license, or maintain personally identifying information must implement and maintain reasonable security procedures and practices to prevent unauthorized access, use, modification, destruction, or disclosure.

Implications for Auto Businesses:
Auto businesses in Colorado must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Colorado Insurance Data Security Statute

Colorado has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Connecticut Data Privacy Act of 2022

Covered entities must prepare comprehensive privacy notices that are presented to consumers when personal information is collected. Additionally, covered entities must publicly disclose and inform consumers of the existence and nature of consumers’ rights under the CTDPA.

Implications for Auto Businesses:
Covered auto businesses must honor privacy consumer requests from Connecticut residents to access, delete, and opt-out of sharing or selling their information. Auto businesses must consider a number of CTDPA-specific requirements when updating their privacy programs, such as the CTDPA’s prescriptive opt-out measures, and the need to stop selling consumer data upon an individual’s request.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personal information that is deleted from their vehicles is completely destroyed or unreadable such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses in Connecticut will have a strong incentive to implement a reasonable cybersecurity program. Public Act No. 21-119 will provide an affirmative defense against punitive damages to businesses that implemented reasonable cybersecurity measures and suffered a data breach.

Implications for Auto Businesses:
Covered auto businesses will be able to drastically mitigate the potential cost of a data breach by implementing a reasonable or recognized cybersecurity framework. Most recognized frameworks include controls for minimization unnecessary data retention and deleting stale personally identifiable information.

Connecticut Insurance Privacy Statute

Connecticut has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Connecticut Insurance Data Security Statute

Connecticut has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Delaware Personal Data Privacy Act (effective January 1, 2025)

Delaware’s privacy law applies to a wider range of businesses than consumer privacy laws in other states. Covered entities must prepare comprehensive privacy notices that are presented to consumers when personal information is collected. Additionally, covered entities must publicly disclose and inform consumers of the existence and nature of consumers’ rights under the DPDPA.

Implications for Auto Businesses:
Covered auto businesses must honor privacy consumer requests from Delaware residents to access, delete, and opt-out of sharing or selling their information. Auto businesses must consider a number of DPDPA-specific requirements when updating their privacy programs, such as the DPDPA’s prescriptive opt-out measures, and the need to stop selling consumer data upon an individual’s request.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personal information that is deleted from their vehicles is completely destroyed or unreadable such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses that own, license, or maintain personally identifying information must implement and maintain reasonable security procedures and practices to prevent unauthorized access, use, modification, destruction, or disclosure.

Implications for Auto Businesses:
Auto businesses in Delaware must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Delaware Insurance Data Security Statute

Delaware has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses that own, license, or maintain personally identifying information must implement and maintain reasonable security procedures and practices to prevent unauthorized access, use, modification, destruction, or disclosure.

Implications for Auto Businesses:
Auto businesses in Florida must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Florida Insurance Date Security Statute

Florida has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personal information that is deleted from their vehicles is completely destroyed or unreadable such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Georgia Insurance Privacy Statute

Georgia has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Biometric Information Privacy Act

Illinois strictly regulates the collection, storage, and retention of biometric identifiers and information. Biometric data must be deleted when the purpose for its collection has been satisfied, or within three years, whichever is sooner.

Implications for Auto Businesses:
Vehicles may contain the stored biometric data of previous drivers, including retina, face, and hand scans for features like distracted driver detection and custom driver settings. Auto businesses that are unknowingly storing–and failing to delete–biometric data left on vehicles may be exposed. Auto businesses should have a system to readily dispose of biometric data left on vehicles prior to resale or redisposition.

Illinois Collateral Recovery Act

This new amendment will require recovery agents to delete personal information from all repossessed vehicles beginning January 1, 2024.

Implications for Auto Businesses:
Automotive businesses who repossess vehicles in the State of Illinois must make arrangements with their forwarders and agents to make sure that the personal information of individuals whose vehicle has been repossessed is deleted prior to leaving recovery lots.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses that own, license, or maintain personally identifying information must implement and maintain reasonable security procedures and practices to prevent unauthorized access, use, modification, destruction, or disclosure.

Implications for Auto Businesses:
Auto businesses in Illinois must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Illinois Insurance Privacy Statute

Illinois has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Illinois Insurance Data Security Statute

Illinois has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable procedures, including taking necessary corrective action, to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Indiana must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Iowa Insurance Data Security Statute

Iowa has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable procedures to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Kansas must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Kansas Insurance Privacy Statute

Kansas has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Kentucky Insurance Privacy Statute

Kentucky has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.

Database Security Breach Notification Law

Covered entities must implement reasonable procedures to protect and safeguard personal information of Louisiana residents from unlawful use or unauthorized disclosure or access. This law extended the definition of personal information to include biometric data (e.g., fingerprints, voice print, eye retina or iris, etc.).

Implications for Auto Businesses:
Covered auto businesses must permanently destroy the personal information left in vehicles from previous customers or vehicle owners when that information is no longer to be lawfully retained by the business. Additionally, covered auto businesses may be required to provide data breach notifications if unencrypted personal information of previous customers or vehicle owners is left in vehicles and then later acquired by an unauthorized person.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Maine Insurance Privacy Statute

Maine has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Maine Insurance Data Security Statute

Maine has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Personal Information Protection Act (“Data Breach Notification Law”)

Covered businesses must first conduct an investigation. In the likelihood that the covered business determines that a security breach has occurred and the personally identifying information can or will be compromised, it must notify the Attorney General no later than 45 days before all affected Maryland residents.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customer or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement procedures to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Massachusetts must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Massachusetts Insurance Privacy Statute

Massachusetts has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Right To Delete/Other

If passed, the Massachusetts law will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the law will require auto businesses to delete personally identifying information off their vehicles upon request.

Biometric Data (Commercial)

Massachusetts State Bill 2687 is a proposed biometric data privacy law pending in Massachusetts. Among the pending law’s requirements is the obligation for private entities to delete biometric data in their possession within 1 year after the purpose for the collection has been satisfied.

Implications for Auto Businesses:
Vehicles may contain the stored biometric data of previous drivers, including retina, face, and hand scans for features like distracted driver detection and custom driver settings. Auto businesses that are unknowingly storing–and failing to delete–biometric data left on vehicles may be exposed. Auto businesses should have a system to readily dispose of biometric data left on vehicles prior to resale or redisposition.

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Michigan Insurance Data Security Statute

Michigan has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Minnesota Insurance Privacy Statute

Minnesota has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Minnesota Insurance Data Security Statute

Minnesota has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Right To Delete/Other

If passed, Minnesota’s law will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the law will require auto businesses to delete personally identifying information off their vehicles upon request.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Missouri Insurance Data Security Statute

Missouri has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Biometric Data (Commercial)

Missouri House Bill 2716 is a proposed biometric data privacy law pending in Missouri. Among the pending law’s requirements is the obligation for private entities to delete biometric data in their possession within 3 years of the individual’s last interaction or when the purpose for the collection has been satisfied, whichever occurs first.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered businesses must dispose of data containing personally identifying information when the records no longer serve a business purpose.

Implications for Auto Businesses:
Covered auto businesses must dispose of personally identifying information left on vehicles from previous customers or owners. The personally identifying information must be completely destroyed, erased, or otherwise rendered unreadable or indecipherable by any means.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Montana Insurance Privacy Statute

Montana has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Montana Insurance Data Security Statute

Montana has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable procedures, including safeguards regarding disposal of personally identifying information, to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Nebraska must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge, or provide customers the means to completely purge, any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Nebraska Insurance Data Security Statute

Nebraska has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement procedures to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Nevada must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Nevada Insurance Privacy Statute

Nevada has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

New Hampshire Insurance Data Security Statute

New Hampshire has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

New Jersey Insurance Privacy Statute

New Jersey has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

New Jersey Insurance Data Security Statute

New Jersey has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Right To Delete/Other

If passed, New Jersey’s law will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the law will require auto businesses to delete personally identifying information off their vehicles upon request.

Covered Employers Must Provide Written Notice to Track Employees

New Jersey AB 3950 requires covered employers to provide employees with written notice prior to tracking that employee’s person, device, or vehicle. Penalties may reach up to $2,500.00 per violation.

Implications for Auto Businesses:
Covered employers that utilize vehicle tracking technologies on employee-driven vehicles may need to modify their vehicle location tracking and data storage practices and obtain informed written consent from employee data subjects.

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer reasonably needed by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer reasonably needed.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement procedures to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in New Mexico must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonably technical, administrative, and physical safeguards to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
As an administrative safeguard, auto businesses in New York should implement policies to ensure the regular deletion of personally identifying information left on vehicles prior to redisposition of the vehicle. For a physical control, businesses should ensure the information is deleted before a new occupant has possession of the vehicle. For a technical control, auto businesses should use technology to ensure that ensure complete and permanent deletion.

Biometric Data (Commercial)

The SHIELD Act broadened the definition of personally identifying information to include biometric data.

Implications for Auto Businesses:
Biometric data left on vehicles from previous drivers is subject to the same laws and regulations–including data disposal and breach notification laws–as other forms of personally identifying information. Auto businesses should incorporate regular biometric data deletion into their overall data management regime.

New York Insurance Data Security Statute

New York has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Right To Delete/Other

The NY legislature is considering expanding consumer rights under the SHIELD Act to include new rights, including the right to request a business delete personally identifying information.

Implications for Auto Businesses:
If the changes to the SHIELD Act become final, auto businesses must have the ability to delete personally identifying information off their vehicles upon request.

Electronic Monitoring Law

Any employer who monitors or otherwise intercepts telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system . . . shall give prior written notice upon hiring to all employees.” Violators are subject to enforcement and penalties imposed by the New York Attorney General.

Implications for Auto Businesses:

Covered auto businesses—particularly fleet managers—may be required to comply with SB2628 to the extent the infotainment, telematics, or other systems contained in their fleet vehicles constitutes electronic monitoring of their employees’ conversations, transmissions, internet access, or device or system usage as contemplated by SB2628.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

North Carolina Insurance Privacy Statute

North Carolina has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

North Carolina Insurance Data Security Statute

North Carolina has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

North Dakota Insurance Data Security Statute

North Dakota has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses should implement reasonably technical, administrative, and physical safeguards to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
As an administrative safeguard, auto businesses in Ohio should implement policies to ensure the regular deletion of personally identifying information left on vehicles prior to redisposition of the vehicle. For a physical control, businesses should ensure the information is deleted before a new occupant has possession of the vehicle. For a technical control, auto businesses should use technology to ensure that ensure complete and permanent deletion.

Ohio Insurance Privacy Statute

Ohio has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Oklahoma Insurance Data Security Statute

Oklahoma has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement procedures to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Oregon must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Biometric Data (Commercial)

Oregon extended consumer data privacy protections to biometric data.

Implications for Auto Businesses:
Biometric data left on vehicles from previous drivers is subject to the same laws and regulations–including data disposal and breach notification laws–as other forms of personally identifying information. Auto businesses should incorporate regular biometric data deletion into their overall data management regime.

Oregon Insurance Privacy Statute

Oregon has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Oregon Insurance Data Security Statute

Oregon has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Pennsylvania Insurance Data Security Statute

Pennsylvania has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement procedures to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Rhode Island must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Rhode Island Insurance Data Security Statute

Rhode Island has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Right To Delete/Other

If passed, South Carolina’s House Bill 4812 will expand the state’s data protection and privacy rights to include biometric data. The law would also allow consumers to request deletion of their biometric data.

Implications for Auto Businesses:
If the law passes, auto businesses in South Carolina must be prepared to fulfill consumer personal information deletion requests. In particular, auto businesses must be able to delete biometric data contained on vehicles upon request or otherwise in compliance with House Bill 4812.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

South Dakota Insurance Data Security Statute

South Dakota has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Right To Delete/Other

If passed, the Tennessee Information Protection Act will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the Tennessee Information Protection Act will require auto businesses to delete personally identifying information off their vehicles upon request.

Data Disposal Statute (Non-regulated Commercial)

Covered entities may not dispose of data containing personally identifying information without first completely destroying or erasing the personally identifying information.

Implications for Auto Businesses:
Covered auto businesses must ensure that any data containing personally identifying information that is deleted from their vehicles is completely destroyed or erased such that the information cannot be subsequently accessed or re-imaged by a third party.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable procedures, including taking necessary corrective action, to protect and safeguard personally identifying information from unlawful use or unauthorized disclosure or access.

Implications for Auto Businesses:
Auto businesses in Texas must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses should also regularly purge any personally identifying information left on vehicles in order to protect the same from unauthorized disclosure or use.

Biometric Data (Commercial)

Texas strictly regulates the collection, storage, and retention of biometric identifiers and information. Biometric data must be deleted within one year from when the purpose for its collection has been satisfied.

Implications for Auto Businesses:
Vehicles may contain the stored biometric data of previous drivers, including retina, face, and hand scans for features like distracted driver detection and custom driver settings. Auto businesses that are unknowingly storing–and failing to delete–biometric data left on vehicles may be exposed. Auto businesses should have a system to readily dispose of biometric data left on vehicles prior to resale or redisposition.

Right To Delete/Other

If passed, the Texas law will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the law will require auto businesses to delete personally identifying information off their vehicles upon request.

Cybersecurity Affirmative Defense Act (or “Reasonable Cybersecurity Measures Required By Statute”)

Utah HB80 creates an affirmative defense to certain causes of action arising out of a data breach. In general, covered businesses must implement a written cybersecurity program that meets the requirements of the law in order to assert the statutory affirmative defense. Among other requirements, the written cybersecurity program should account for “the storage and disposal of personal information.

Implications for Auto Businesses:
Covered auto businesses must implement a written cybersecurity program to take advantage of Utah’s statutory affirmative defense. In doing so, auto businesses must account for data that is collected and stored on vehicles, including providing for the timely destruction of the data once it no longer serves a legitimate business purpose.

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Reasonable Cybersecurity Measures Required By Statute

Covered businesses must implement reasonable measures to prevent unlawful use and disclosure of personally identifying information collected or maintained in the regular course of business and to destroy records containing personally identifying information when the records are no longer being retained by the business.

Implications for Auto Businesses:
Auto businesses in Utah must implement reasonable measures to prevent unauthorized disclosures or access to the personally identifying information of past drivers contained on vehicles. Auto businesses must also regularly purge any personally identifying information left on vehicles unless the information is being lawfully retained.

Utah Insurance Data Security Statute

Utah has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Vermont Insurance Data Security Statute

Vermont has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Biometric Data (Commercial)

The VCDPA–which provides consumers a right to delete their personally identifying information–expressly includes biometric data within its regulatory framework. Therefore, customers will have the right under the VCDPA to request deletion of their biometric data.

Implications for Auto Businesses:
Auto businesses should have a system to readily dispose of biometric data left on vehicles upon consumer request.

Virginia Insurance Privacy Statute

Virginia has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Virginia Insurance Data Security Statute

Virginia has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Right To Delete/Other

The VCDPA provides consumers the right to request that covered entities delete their personally identifiable information.

Implications for Auto Businesses:
Auto businesses must have the ability to delete personally identifying information off their vehicles upon request.

Data Disposal Statute (Non-regulated Commercial)

Covered entities must take reasonable steps to destroy customer records containing personal information when the personal information is no longer being retained by the business.

Implications for Auto Businesses:
Covered auto businesses must completely and permanently destroy personally identifying information left on vehicles from previous customers or owners when that information is no longer being lawfully retained.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Biometric Data (Commercial)

Washington strictly regulates the collection, storage, and retention of biometric identifiers and information. Biometric data must be deleted when the purpose for its collection has been satisfied.

Implications for Auto Businesses:
Vehicles may contain the stored biometric data of previous drivers, including retina, face, and hand scans for features like distracted driver detection and custom driver settings. Auto businesses that are unknowingly storing–and failing to delete–biometric data left on vehicles may be exposed. Auto businesses should have a system to readily dispose of biometric data left on vehicles prior to resale or redisposition.

Right To Delete/Other

If passed, the Washington Privacy Act will provide consumers the ability to request that businesses delete their personally identifying information.

Implications for Auto Businesses:
If passed, the Washington Privacy Act will require auto businesses to delete personally identifying information off their vehicles upon request.

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

West Virginia Insurance Data Security Statute

West Virginia has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose.  

Data Breach Notice Statute

Covered businesses must notify consumers and potentially regulatory entities following a data breach involving a customer’s personally identifiable information.

Implications for Auto Businesses:
Covered auto businesses may be required to provide notice of a data breach if personally identifiable information of previous customers or vehicle owners is left on vehicles and then accessed by unauthorized third parties.

Wisconsin Insurance Privacy Statute

Wisconsin has adopted NAIC Model Regulation 670. Under Model Regulation 670, an individual may access their personal information recorded by an insurance institution, agent, or support organization. This right of access includes, for example, the right to access information concerning the entities to whom the recorded personal information was shared in the last two years, as well as the right to copy, correct, or delete the personal information.

Implications for Auto Insurers: 

Covered auto insurers that obtain personal information through in-vehicle devices and other technologies, or from third party service providers and telematics companies, must have a reasonable and reliable means of accessing, altering, and permanently erasing personal information upon request.

Wyoming Insurance Data Security Statute

Wyoming has adopted NAIC Model Regulation 673. Model Regulation 673 imposes standards on insurance entities to safeguard customer information. For example, Model Regulation 673 requires covered entities to conduct assessments regarding the foreseeable risks of unauthorized disclosures of or access to customer information and implementing sufficient safeguards to control those risks.

Implications for Auto Insurers: 

Covered auto insurers may obtain customer data in a variety of direct and indirect means, including in-vehicle devices, auto repossessions, re-disposition following a total loss, or through third party service providers and telematics companies. Covered entities must take reasonable technical and administrative measures to protect this customer data from unauthorized or inadvertent disclosure, including by completely erasing the data once it has been re-disposed from the prior owner and no longer serves a legitimate business purpose. 

Canada Consumer Privacy Act

Canada Consumer Privacy Act – protects consumers control over their data and promotes improved transparency regarding how organizations use data containing personal identifiers

Personal Information Protection and Electronic Documents Act

Personal Information Protection and Electonic Documents Act – governs how organizations use, collect and disclose personal information in the course of personal business

Quebec Bill 64, An Act to modernize legislative provisions as regards the protection of personal information

A privacy regulatory change took effect in Canada that will directly impact the remarketing operations of auto consignors and their suppliers — chiefly among them auto auctions, recovery agents, and vehicle inspectors, in addition to fleet, rental and carsharing companies. Quebec Bill 64 introduces GDPR-like regulation with big teeth meaning remarketers must step up their in-car PI data disposal practice or risk millions of dollars in fines.

Standards for Safeguarding Customer Information

Protection of natural persons personal data and the free movement of such data.

UK General Data Protection Regulation

GDPR with technical changes in order account for its status as a national law of the United Kingdom.

Data Protection Act 2018 (“DPA”)

National data protection law, supplements the UK GDPR regime.