BEST PRACTICES FOR DELETING PERSONAL DATA FROM VEHICLES BY JOHANNA STUBENHOFER, COMMUNICATIONS ASSOCIATE, NJ CAR Most modern vehicles are basically rolling computers containing a wide variety of personal information. According to data privacy experts, more than four out of five cars sold in 2020 contained personal data. There are currently established best practices for computers and cell phones when they are returned to an electronics retailer. These best practices can serve as foundational guidelines for dealers to build consumer trust regarding the protection of the private information contained in their used, lease return, or rental return vehicle. Bill S2740, introduced in the State Senate in June 2022, and A4723, introduced in the General Assembly in October 2022, are both being considered in their respective chambers. A4723 was voted out of the Assembly Science, Innovation and Technology Committee on March 23, 2023, with amendments championed by NJ CAR. The bills address the data deletion issue as well as the role dealers may play in offering to delete consumers’ personal information (PI). Amendments to A4723 allow dealers to charge a reasonable fee to provide the service. A4723, as amended, also provides more insight into what is considered “personal information,” “including, but not limited to, navigation history, paired phones, and garage doors codes.” The bill requires data deletion to be done utilizing protocols “developed by the National Institute of Standards and Technology, using techniques specified by the vehicle manufacturer to overwrite data or by using a menu option to reset the (relevant) device(s) to original factory settings.” Dealers should educate themselves (and their employees) about what is and isn’t required by New Jersey’s legislation, as continued on page 28 26 new jersey auto retailer
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