Background

On February 28, 2024, California State Senator Dave Min proposed Senate Bill (SB) 1394, a new measure aimed at preventing vehicular data from being used to perpetuate domestic violence. Under the proposal, automobile manufacturers would be required to disable access to remote vehicle technologies upon the request of a victim of domestic violence.

The bill arrives amid increasing reports of incidents of domestic abusers exploiting vehicular location tracking features to stalk and harass victims of domestic abuse. The reports recount instances of abusers using connected vehicle services to determine the location of former partners or to activate their car lights and horn at night.

In detail

SB 1394 would require vehicle manufacturers to disable a person’s access to “remote vehicle technology” within two business days of receiving a request from a driver. The bill defines “remote vehicle technology” as “any technology that allows a person who is outside of a vehicle to track the location of, or control any operation of, the vehicle,” which includes GPS as well as app-based features that control vehicle operations. In order to authenticate the request, the person requesting the termination of access to remote vehicle technology must either provide proof of legal possession of the vehicle or a domestic violence restraining order naming the person whose access is to be disabled. Vehicle manufacturers would be barred from requiring any further information or from charging a fee to complete the request.

Additionally, the vehicle manufacturer would need to provide a notification inside the vehicle, showing if remote vehicle technology is being used. SB 1394 would also require vehicle manufacturers to publish disclosures on their websites and internet applications regarding the process for terminating access to remote vehicle technology.

Next steps

The bill has been referred to the transportation and judiciary committees and a hearing has been set for April 9.

If passed, vehicle manufacturers will need to prepare for compliance by assessing remote vehicle technologies they have included in their vehicles and establish processes for receiving, verifying and fulfilling driver requests as well as ensuring that their websites, apps and vehicles bear the required disclosures.

Author

Cynthia J. Cole is Chair of Baker McKenzie’s Global Commercial, Tech and Transactions Business Unit, a member of the Firm’s global Commercial, Data, IP and Trade (CDIT) practice group steering Committee and Co-chair of Baker Women California. A former CEO and General Counsel, just before joining the Firm, Cynthia was Deputy Department Chair of the Corporate Section in the California offices of Baker Botts where she built the technology transactions and data privacy practice. An intellectual property transactions attorney, Cynthia also has expertise in AI, digital transformation, data privacy, and cybersecurity strategy.

Author

Helena practices international commercial law with a focus on assisting and advising technology companies with cross-border transactions, drafting and negotiating commercial agreements, and advising on global data privacy law compliance. Helena also advises software developers, e-commerce companies, and global mobile and web gaming developers on regulatory restrictions, intellectual property, contracting and data privacy.