Nevada Code § 598.9716

Requirements for manufacturers, providers and installers; prohibited acts regarding telemetry data; exceptions
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1. A person who manufactures or provides
electronic tracking technology devices or starter interruption technology
devices shall:
(a) Label each such device with the name of the
manufacturer and a unique identifier that is designed to remain legible for the
estimated useful life of the device.
(b) Keep records for each device for not less
than the estimated useful life of the device that include, without limitation:
(1) The date of manufacture;
(2) The date of sale;
(3) The identity of the original
purchaser; and
(4) If known, the identity of the person
who initially installed the device.
(c) Provide to any installer of the device
specific instructions on the proper installation of the device in a vehicle and
retain records showing the exact instructions which were provided with each
device, as identified with a unique identifier pursuant to paragraph (a).
(d) If he or she regains possession of a device
and resells or provides it to another person, keep the records required
pursuant to paragraphs (b) and (c).
2. A person who installs an electronic
tracking technology device or a starter interruption technology device in a
motor vehicle must:
(a) Hold a certification from the:
(1) Mobile Electronics Certified
Professional program or its successor; or
(2) National Institute for Automotive Service
Excellence or its successor.
(b) Keep records of each installation conducted
for not less than 3 years. Such records must include, without limitation:
(1) The date of installation;
(2) The unique identifier on each device
as required by paragraph (a) of subsection 1; and
(3) A copy of the installation
instructions provided by the manufacturer or provider of the device as required
by paragraph (c) of subsection 1.
(c) If the installation is at the request of or
on behalf of a creditor in connection with a retail installment contract for
the sale of a motor vehicle or a long-term lessor in connection with the lease
of a motor vehicle, provide a copy of the records required by paragraph (b) to
the creditor or lessor or a designee of the creditor or lessor.
3. A person who possesses or obtains
telemetry data related to a consumer that is collected by electronic tracking
technology or starter interruption technology may not:
(a) Sell any telemetry data.
(b) Provide any telemetry data to any person or
entity other than:
(1) The consumer;
(2) A repossessor who is authorized
pursuant to NRS 598.9715 to repossess
the motor vehicle from which the telemetry data was obtained; or
(3) A person authorized by law to possess
or obtain such telemetry data.
(c) Use any telemetry data for any purpose other
than:
(1) As needed to ensure that the
electronic tracking technology or starter interruption technology is operating
properly, provided that such use is brief and periodic;
(2) To communicate an audible or visible
warning to the consumer as authorized in NRS
598.9715 ;
(3) To activate starter interruption
technology as authorized in NRS 598.9715 ;
(4) To locate a motor vehicle at the
request of the consumer; or
(5) To locate the motor vehicle for
repossession as authorized in NRS 598.9715 .
(d) Retain any telemetry data for a period of
more than 180 days after collection of the data.
(e) Fail to erase all electronically stored
telemetry data and shred any physical copies of such data not more than 180
days after collection of the data.
4. The provisions of this section do not
apply to:
(a) The manufacturer, or an affiliate under
common control or ownership of the manufacturer, of a motor vehicle which is
equipped with electronic tracking technology or starter interruption technology
or from which telemetry data is obtained; or
(b) An insurer, or a wholly owned affiliate of an
insurer, of a motor vehicle from which telemetry data is obtained with the
consent of the insured.
5. As used in this section, unless the
context otherwise requires:
(a) Repossessor has the meaning ascribed to it
in NRS 648.015 .
(b) Telemetry data means any information
collected by electronic tracking technology or starter interruption technology,
regardless of whether such information is transmitted or retained in the
device, and includes, without limitation, information pertaining to the
location, speed and motion status of a motor vehicle.

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