House committee substitute to the 1st edition makes the following changes.
Removes references to data provided by vehicle telematics in new GS 58-39-33 so that the statute prevents insurers or agents from using vehicle telematics. Clarifies that the person who can revoke consent under GS 58-39-33(b) is the applicant or policyholder. Makes conforming changes, including to the statute title. Modifies vehicle telematics so that it means data regarding an individual's driving habits obtained through the installation of a tracking device, application, or software into an individual's motor vehicle or mobile device that transmits the data via wireless networks (was, any tracking device, application, or software installed into a motor vehicle or mobile device that facilitates the transmission and storage of telemetry data regarding an individual's driving habits via wireless networks) in GS 58-39-15. Makes technical changes to the other definitions contained in GS 58-39-15.
Exempts an insurance institution or agent that collects, receives, sells, shares, or otherwise uses vehicle telematics regarding an applicant or policyholder through the installation of a tracking device, application, or software into an individual's motor vehicle or mobile device that transmits the data via wireless networks from the criminal provisions pertaining to cyberstalking under GS 14-196.3(b)(5) so long as the insurance institution or agent obtains written consent in accordance with GS 58-39-33.
RESTRICT USE OF VEHICLE TELEMATICS.
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View NCGA Bill Details | 2025-2026 Session |
AN ACT REQUIRING NOTICE AND CONSENT BEFORE AN INSURANCE INSTITUTION OR AGENT MAY USE VEHICLE TELEMATICS DATA.Intro. by Loftis, Warren, Echevarria, Almond.
Bill History:
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Mon, 10 Feb 2025 House: Filed
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Tue, 11 Feb 2025 House: Passed 1st Reading
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Tue, 11 Feb 2025 House: Serial Referral To Finance Added
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Thu, 20 Mar 2025 House: Reptd Fav Com Substitute
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Thu, 20 Mar 2025 House: Re-ref Com On Transportation
Bill Summaries:
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Bill H 81 (2025-2026)Summary date: Mar 20 2025 - View Summary
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Bill H 81 (2025-2026)Summary date: Feb 10 2025 - View Summary
Adds new GS 58-39-33 (concerning use of telematics data) preventing an insurance institution or agent from collecting, receiving, selling, sharing, or otherwise using data provided by vehicle telematics regarding an applicant or policyholder without first doing all of the following:
- Notifying the applicant or policyholder how the vehicle telematics data will be used.
- Obtaining the consent of the applicant or policyholder in writing.
- Notifying the applicant or policyholder that consent may be revoked at any time.
Provides that consent may revoked by any individual at any time. Directs insurance agents or institutions to provide reasonable means for notice of revocation of consent and to effectuate that revocation within 24 hours of its communication. Violations of the statute are an unfair trade practice under Article 63 of GS Chapter 58 and an unfair and deceptive trade practice under GS 75-1.1. Defines vehicle telematics in GS 58-37-15 as any tracking device, application, or software installed into a motor vehicle or mobile device that facilitates the transmission and storage of telemetry data regarding an individual's driving habits via wireless networks.
Applies to contracts issued, renewed, or amended on or after October 1, 2025.