What it does
CA 05 38 adds data privacy exclusions to Covered Autos Liability. Modern vehicles and fleet telematics collect location, driver behavior, camera and biometric data, and claims alleging misuse or unauthorized collection of such data do not fit neatly into auto liability. ISO introduced it in its 2026 multistate forms revision (CA-2026-OFR26), approved for policies effective on or after September 1, 2027 in states that have adopted the revision.
Who sees it
Any commercial auto account once the insurer adopts it, with particular relevance to fleets using dash cameras, driver-facing cameras and telematics.
Selling notes
- Read the exclusions to see which types of data claims they remove (for example, statutory privacy violations or biometric data claims).
- Data privacy liability belongs on cyber or privacy liability coverage; confirm the client has it if it runs telematics or camera programs.
- The cyber incident expense coverage CA 04 65 is a separate, first-party coverage.
