61-12-1004. Retrieval or use of data -- exceptions. (1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner:
(a) if a court orders the production of the data pursuant to a valid search warrant;
(b) to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems;
(c) by order of the district court provided that the owner has notice and 48 hours to object and request a hearing; or
(d) for the purposes of improving motor vehicle safety, security, or traffic management and provided that the identity of the owner or driver is not disclosed in connection with that retrieved data. For purposes of this subsection (1)(d), the disclosure of the vehicle identification number with the last 6 digits deleted does not constitute disclosure of the identity of the owner or driver.
(2) This part does not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system.
History: En. Sec. 4, Ch. 272, L. 2015.