ASA’s Webinar Wednesday Addresses What’s Happening with Data Access Policy
On Dec. 18, ASA’s monthly Webinar Wednesday featured a discussion on “What’s Happening With Data Access Policy” with Robert L. Redding Jr., ASA Washington, D. C. representative and Greg Scott from the U. S. Vehicle Data Access Coalition.
The webinar began with ASA Vice President of Industry Relations Tony Molla welcoming attendees and introducing Redding and Scott.
Redding began with a review of service information and vehicle data access which started with the 1990 Clean Air Act Amendments which required independent repairers to have access to the same information as dealers. Subsequent EPA regulations, what Redding called “attempts at getting it right,” proceeded to the ASA and Automaker Service Information Agreement which facilitated the creation of OEM websites and landed the industry where it currently is today. “The Massachusetts Right to Repair led to a memorandum of understanding with aftermarket and automaker associations. Finally, in the 115th Congress passed Autonomous Vehicle Legislation in the U.S. House of Representatives, but AV legislation containing Vehicle Data Access stakeholder language failed to reach the U.S. Senator floor,” Redding explained.
Moving on to data access, Redding asked Scott when the U. S. Vehicle Data Access Coalition was formed, and Scott said, “In 2017, as Congress began looking at autonomous vehicle legislation, European automakers threatened to shut down data access due to autonomous vehicles. The Coalition was founded and is comprised of members of the automotive industry, the aftermarket repair industry, consumer groups, insurance industry groups and others who believe the owner of the vehicle should control the data generated by that vehicle and be able to grant permission to repairers to access that information.”
“At the time, there was a belief that the data belonged to the OEMs who could then grant access to the vehicle owner,” Scott continued. “The Coalition was formed as a necessary political animal because our voices are stronger together and allows us to offset the power of motor vehicle manufacturers.”
Explaining that the Coalition is now examining a broader set of data, Scott discussed how data impacts consumers and insurers.
“Consumers need to be able to know where their vehicles are, and insurers are involved in this topic as they reconstruct accidents or try to write policies. There is all sorts of data that different parties need access to. Telematics companies pull data that’s important to fleet management companies but irrelevant to a collision repair shop. ASA members are most interested in only one data set that vehicles pull, and the many other data sets are important to other groups, but we all agree that the owner should control data access.”
The Coalition became involved with the subject when the House was moving the autonomous vehicle legislation which talked about cybersecurity being housed with National Highway Safety, and the Coalition managed to secure two legislators willing to sponsor the Coalition-backed amendment in the fall of 2017. The autonomous vehicle legislation did not move to the Senate floor based on issues unrelated to data access.
“We need to talk about the issue of data access, including who controls it and what use cases are allowed,” Scott said. “We moved from having discussions with OEMs to thinking that’s insufficient and deciding that we’re going to need to do affirmative legislation.”
Redding noted that the collision repair industry has relied on third-party providers and OEM websites for years, and he pondered what path should be taken to move forward, identifying this as a critical concern for the second session of the 116th Congress. “We need a path for vehicle data access because there’s too much at stake,” Redding stressed. “We want to keep our small businesses viable and allow them to plan for the future. It’s important for their strategic planning that we figure this out.”
Referencing the California Privacy Act, Redding questioned why shops in other states should be concerned. Scott explained, “We need to start by dividing access to data with usage of data. How can you use sensitive, personal data? California has adopted this law that goes into effect on Jan. 1, but the use of data is irrelevant to an ASA member, fleet operator or consumer if they don’t have access to that data. We need to begin by regulating data access, and then it’s appropriate to regulate use of that information.”
Scott also hypothesized about which pieces of legislation could include data access issues, besides legislation pertaining to autonomous vehicles. Addressing NHTSA’s role in data access, Scott noted, “The NHTSA’s concern is safety. Data access is related to privacy and competition. If data is restricted, competition disappears, and prices increase for consumers. Congress hasn’t given NHTSA the authority to regulate data access; as of 2019, the Federal Trade Commission regulates data access.”
Anticipating that 2020 will see the introduction of data access legislation that the Coalition will be supporting, Scott predicted, “We’re going to shake up the OEMs on this topic. At the end of the day, as ASA members well know, negotiation will always include a bit of a confrontation, but if we can reach an agreement between the OEMs and vehicle owners to ensure data access for everyone who needs it, that would be the preferred outcome. The Coalition wants everyone to know we are out here beating the drum on this.”
“If you’re not at the table, you tend to be on the menu,” Scott continued. “We have to push our way into this debate and line up our champions. Legislators need to hear from their constituents to know they care about this issue. We need to make as much noise as we can so that OEMs and legislators have to pay attention. If we don’t speak up together, we won’t get the attention we need; it’s up to us to affirmatively pass legislation to prevent OEMs from shutting it down … As vehicles advance, there will be more data, and repairers will need more access. We are trying to cover current and future vehicles as we strive to address the data access issues facing the industry.”
ASA’s next Webinar Wednesday will occur on Jan. 15 at 1 p.m. EST and will feature Becky Witt, AMAM for George Witt Service, as she presents “Would You Take a Job for $200 an Hour?” Witt will apply accounting principles to demonstrate how pricing should be determined, thereby providing attendees with the tools necessary to increase profits. For more information or to register, visit asashop.org/webinars/.
