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Vehicle DataPolicy Explainer· 4 min read· in Automotive & Transportation

Landmark Federal Bills Seek to Grant Vehicle Owners Full Control Over Car-Generated Data, Barring Manufacturer Sale

Two major legislative efforts in Congress aim to give American drivers and fleet operators real-time access to their vehicle data while prohibiting automakers from selling sensitive information without explicit consent.

By Dev Anand

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Every time you start a modern car, it begins generating a digital footprint. From the weight in the passenger seat to your precise GPS coordinates and braking habits, today's vehicles are rolling data centers. For years, automakers have claimed ownership of this telemetry, often selling it to data brokers or insurance companies without explicit driver knowledge.

But a pair of landmark federal bills advancing through Congress in 2026—the DRIVER Act and the Auto Data Privacy and Autonomy (ADPA) Act—seek to flip that dynamic, placing full control of vehicle-generated data back into the hands of the people who actually bought the cars. For the average owner, this legislation could mean the difference between a car that secretly monitors their commute and one that respects their privacy.[3][5]

Introduced in the House by Representatives Diana Harshbarger and Scott Perry, the Data Rights to Information and Vehicle Electronic Records (DRIVER) Act creates a property-like access right for vehicle owners. The legislation mandates that manufacturers provide secure, real-time access to onboard data through standard physical ports and wireless interfaces.

Crucially, automakers would be prohibited from charging owners to decrypt their own data or forcing them to buy proprietary hardware to access it. If you buy the car, the bill's sponsors argue, you should own the data it produces, ending the era of manufacturers holding vehicle telemetry hostage behind paywalls.[1][4]

Running parallel to the DRIVER Act is the Auto Data Privacy and Autonomy Act, championed by Senator Mike Lee and Representative Eric Burlison. This bill focuses heavily on the commercialization of driver information. It explicitly prohibits original equipment manufacturers from sharing, selling, or leasing collected customer data without affirmative, opt-in consent.

It also grants owners the right to permanently delete their personal information from a vehicle's systems after connecting to it. For anyone who has ever worried about leaving their home address and contact list synced to a rental car or a trade-in, this provision offers a long-overdue digital reset button.[2][6]

How the proposed legislation would shift control of vehicle data from manufacturers to owners.

Both legislative efforts share a strong national security component that extends beyond consumer privacy. The bills strictly bar automakers from selling or transferring vehicle data to companies owned, controlled, or influenced by foreign adversaries. With modern vehicles equipped with high-resolution cameras and precise geolocation sensors capable of mapping critical infrastructure, lawmakers argue that unchecked data brokering poses a severe risk. By cutting off the pipeline that allows data brokers to legally sell sensitive telemetry to overseas shell companies, the legislation frames data sovereignty as a matter of national defense.[4][8]

The push for data control extends far beyond individual consumers, deeply impacting the businesses that keep vehicles on the road. Fleet operators, rental car companies, and independent repair shops have rallied behind the legislation. Organizations like the American Vehicle Owners Alliance and the American Car Rental Association argue that restricted data access undermines fair market competition.

By guaranteeing third-party access, the bills would allow independent mechanics to diagnose and repair vehicles without paying exorbitant licensing fees to manufacturers, potentially lowering maintenance costs for everyday drivers who prefer their local shop over the dealership.[5][7]

Independent repair shops argue that open access to vehicle data is essential for fair competition and lower repair costs.

While consumer advocates celebrate the bills, the automotive industry faces a complex compliance landscape if the legislation passes. Automakers have historically argued that locking down vehicle data is necessary to protect proprietary software and ensure cybersecurity against malicious hacking. Implementing secure, standardized data-sharing portals for millions of existing vehicles presents a massive technical challenge, and the bills preserve a narrow exception for confidential business information. Furthermore, the legislation preempts state laws, creating a unified federal standard but potentially overriding stricter privacy regulations already enacted in states like California.[1][8]

As the 119th Congress prepares to debate the surface transportation bill, the DRIVER and ADPA Acts are positioned as central pillars of the upcoming legislative session. The outcome will determine the future of the automotive data economy. For the driver pulling out of their driveway, the stakes are deeply personal: whether their vehicle remains a closed ecosystem controlled by the manufacturer, or an open platform where the owner holds the keys to both the ignition and the data.[5]

The legislative battle underscores a broader shift in how Americans view digital property rights. As cars evolve from mechanical machines into software platforms on wheels, the legal frameworks governing them are being forced to adapt. Whether these bills pass in their current form or face significant industry-driven amendments, they have already succeeded in bringing the hidden trade of vehicle data out of the shadows and onto the congressional floor.[8]

Key points

  1. The DRIVER Act and ADPA Act aim to give vehicle owners full control over the data generated by their cars.
  2. Automakers would be prohibited from selling or sharing sensitive driver data without explicit opt-in consent.
  3. The bills mandate free, real-time access to vehicle telemetry for owners and authorized third parties.
  4. Both legislative efforts include strict bans on selling vehicle data to foreign adversaries.

What we don’t know

  • How automakers will technically implement secure, real-time data access for older, legacy vehicles currently on the road.
  • Whether the bills will survive the lobbying efforts of the automotive industry without significant carve-outs or loopholes.
  • How the federal preemption of state laws will affect states like California that already have strict consumer privacy regulations.

How we got here

  1. September 2024

    Senator Jeff Merkley introduces the Car Privacy Rights Act to address the unauthorized sale of driver data.

  2. December 2024

    The Auto Data Privacy and Autonomy Act (ADPA) is initially introduced in Congress.

  3. December 2025

    The DRIVER Act is introduced in the House, and the ADPA Act is reintroduced, gaining support from major fleet and consumer organizations.

  4. Early 2026

    Congress prepares to debate the bills alongside the broader surface transportation legislative package.

Consumer and Fleet Advocates 45%Automotive Manufacturers 30%Legislators and Privacy Advocates 25%
Consumer and Fleet Advocates
Argue that vehicle data is the property of the owner and essential for privacy and fair competition.
Automotive Manufacturers
Emphasize the cybersecurity risks and technical challenges of opening vehicle data to third parties.
Legislators and Privacy Advocates
Focus on the geopolitical risks of unregulated vehicle data brokering.

Perspectives this story doesn't cover

  • Insurance Companies
  • Data Brokers

Sources

Source coverage

8 outlets

3 viewpoints surfaced

Consumer and Fleet Advocates 45%Automotive Manufacturers 30%Legislators and Privacy Advocates 25%
  1. [1]Codify Legal PublishingLegislators and Privacy Advocates

    The DRIVER Act: Mandates no-cost, real-time access to onboard data for vehicle owners

    Read on Codify Legal Publishing →
  2. [2]Automotive FleetConsumer and Fleet Advocates

    Bill Would Grant Privacy Over Vehicle Data

    Read on Automotive Fleet →
  3. [3]Senate.govLegislators and Privacy Advocates

    Senator introduces new bill to address how car companies can use American's data

    Read on Senate.gov →
  4. [4]House.govLegislators and Privacy Advocates

    Key Provisions of the DRIVER Act

    Read on House.gov →
  5. [5]AutoBody NewsConsumer and Fleet Advocates

    What are the two federal bills AVOA is supporting?

    Read on AutoBody News →
  6. [6]BillSponsorLegislators and Privacy Advocates

    S. 3494 - 119th Congress (2025-2026) - Auto Data Privacy and Autonomy Act

    Read on BillSponsor →
  7. [7]Auto Rental NewsConsumer and Fleet Advocates

    Vehicle Data Access Among Top ACRA Issues On Capitol Hill

    Read on Auto Rental News →
  8. [8]PoliScoreLegislators and Privacy Advocates

    The Auto Data Privacy and Autonomy Act

    Read on PoliScore →
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