Tech & Sourcing @ Morgan Lewis

In our January 2021 blog post The Right to Repair in Massachusetts Rolls Forward, we discussed how Massachusetts voters in November 2021 approved Question One, a ballot initiative amending the commonwealth’s 2012 Right to Repair Law. The amendment provides that motor vehicles sold in Massachusetts, beginning with 2022 models, be required “to equip any such vehicles that use telematics systems—systems that collect and wirelessly transmit mechanical data to a remote server—with a standardized open access data platform. Owners of motor vehicles with telematics systems would get access to mechanical data through a mobile device application.” With authorization of the owner, such telematics data will be available to independent repair facilities and dealerships not otherwise affiliated with the manufacturer of the vehicle, who will “send commands to the vehicle for repair, maintenance, and diagnostic testing.” In turn, a contractual relationship between the manufacturer and the independent repair facility will no longer be required in order for such data to be shared.

According to recent guidance from the US Federal Trade Commission (FTC), providers of health apps and connected devices that collect consumers’ health information must comply with the FTC’s Health Breach Notification Rule, 16 CFR Part 318, and therefore are required to notify consumers and others when their health data is breached.