§ 42-4-2402. Event Data Recorders

1. A manufacturer of a motor vehicle that is sold or leased in Colorado with an event data recorder shall in bold-faced type disclose, in the owner’s manual, that the vehicle is so equipped and, if so, the type of data recorded. A disclosure made by means of an insert into the owner’s manual shall be deemed a disclosure in the owner’s manual.
2. Event data that is recorded on an event data recorder is the personal information of the motor vehicle’s owner, and therefore the information shall not be retrieved by a person who is not the owner of the motor vehicle, except in the following circumstances:
   1. The owner of the motor vehicle or the owner’s agent has consented to the retrieval of the data within the last thirty days;
   2. The data is retrieved by a motor vehicle dealer or by an automotive technician to diagnose, service, or repair the motor vehicle at the request of the owner or the owner’s agent;
   3. The data is subject to discovery pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident;
   4. A court or administrative agency having jurisdiction orders the data to be retrieved;
   5. The event data recorder is installed after the manufacturer or motor vehicle dealer sells the motor vehicle; or
   6. A peace officer retrieves the data pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accident resulting in damage of property or injury to a person.
3. 1. No person shall release event data unless authorized by subsection (3)(b) of this section.
   2. A person authorized to download or retrieve data from an event data recorder may release the data in the following circumstances:
      1. The owner of the motor vehicle or the owner’s agent has consented to the release of the data within the last thirty days;
      2. The data is subject to discovery pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident;
      3. The data is released pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accident resulting in appreciable damage of property or injury to a person;
      4. If the identity of the owner or driver is not disclosed, the data is released to a motor vehicle safety and medical research entity in order to advance motor vehicle safety, security, or traffic management; or
      5. The data is released to a data processor solely for the purposes permitted by this section if the identity of the owner or driver is not disclosed.
4. 1. If a motor vehicle is equipped with an event data recorder that is capable of recording or transmitting event data that is part of a subscription service, the fact that the data may be recorded or transmitted and instructions for discontinuing the subscription service or for disabling the event data recorder by a trained service technician shall be prominently disclosed in the subscription service agreement. A disclosure made by means of an insert into the service agreement shall be deemed a disclosure in the service agreement.
   2. Subsections (2) and (3) of this section shall not apply to subscription services meeting the requirements of subsection (4)(a) of this section.
5. [ Editor’s note: This version of subsection (5) is effective until March 1, 2022.] A person who violates subsection (2) or (3) of this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.

   (5) [ Editor’s note: This version of subsection (5) is effective March 1, 2022. ] A person who violates subsection (2) or (3) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

Source: L. 2018: Entire part added with relocations, (SB 18-030), ch. 7, p. 137, § 3, effective October 1. L. 2021: (5) amended, (SB 21-271), ch. 462, p. 3317, § 744, effective March 1, 2022.

Editor’s note:

1. This section is similar to former § 12-6-402 as it existed prior to 2018.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.