Co-sponsored by Senators Blackburn and Welch, this bill sets out a straightforward premise: it mandates that transportation network companies (TNCs) — think your favorite rideshare apps — must inform you if your driver has a camera recording video images inside their vehicle. Moreover, and importantly, it ensures you have the choice to opt out of hopping into a car with such a camera.
Straight to the provisions: TNCs will now need to require each affiliated driver to register their in-car cameras with the company. This behind-the-scenes registration is what makes the passenger notification possible. So, every time you request a ride, the app will let you know if your driver has a camera onboard. And there’s more — upon being notified, you’ll be given a new superpower: the ability to decline that ride if you prefer not to be recorded.
Now, let’s address the fine print. Ensuring compliance isn’t just about ticking boxes. If a TNC finds a driver failed to register their camera, they must have a process to deal with such violations. Notifications to passengers must be clear and prominent — no sneaky fine print. And TNCs will also need mechanisms for passengers to report any missteps, like getting recorded without prior notice or being paired with a camera-equipped driver despite having opted out.
Switching gears to privacy concerns, the bill imposes strict limits on what can be done with video recordings of passengers. These recordings cannot be whimsically kept or handed over, except for a few specified reasons: reporting a crime, dealing with insurance matters, or ensuring the driver’s compliance with the company’s terms. This ought to alleviate some of those Big Brother fears.
Opting out is designed to be as simple as ordering your morning coffee. The bill obliges TNCs to offer an easy, understandable method for passengers to revoke their consent to get into a recorded ride. This option has to be conveniently tucked into the app’s settings — no labyrinthine navigation required. Notably, opting out must be a standalone decision, uninfluenced by those pages-long terms of service agreements we all pretend to read.
Interestingly, if a rideshare company follows these stipulations to a tee but a rogue driver still decides to flout the rules, the company won’t be liable for the driver’s antics. This ensures that TNCs are incentivized to establish a reliable system without fear of unwarranted penalties for individual transgressions.
The Federal Trade Commission (FTC) gets the enviable role of the compliance enforcer. Any deviation from these new rules will be treated as an “unfair or deceptive act,” putting violators in hot water under the broader umbrella of the FTC’s authority. This also means TNCs found breaching the Act will face the same kind of penalties that apply to other unscrupulous market practices.
With an effective date set 180 days post-enactment, TNCs will have a solid half-year to get their ducks in a row. We can expect in that time a slew of app updates and rider notifications as companies race to comply with the new transparency and opt-out features.
The bill defines a few technical terms to clear up any ambiguity. A “motor vehicle” here refers to any four-wheeled vehicle meant for public road use — excluding the likes of trains. As for “transportation network companies,” it’s your typical digital matchmakers of drivers and passengers, but it specifically excludes casual carpooling, government-contracted shuttles, and nonprofit rides.
So why does this bill matter? At its core, it’s about balance — ensuring passenger safety and comfort while maintaining a degree of civil liberty. In an age where every ride runneth over with data, it reinstates the passenger’s right to choose their privacy levels. Having a choice in being recorded during a service as routine as a rideshare might seem like a small checkbox, but it’s part of a larger ethos of control over personal information in our digital age.
If you often find yourself in the backseat of a rideshare vehicle, this act is revving up to give you more control over your ride. Whether you’re an avid fan of the surveillance state for security reasons or a staunch privacy advocate, this bill aims to address both ends of the spectrum with a clear, actionable framework. Let’s buckle up and see where this journey takes us next!
