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Letter to the Editor
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Thursday November 29

SCRS Position on Use and Ownership of EMS Extract

The Society of Collision Repair Specialists (SCRS) is strongly opposed to any entity copying, downloading or utilizing a collision repair facility's' EMS extract without its knowledge, approval, and full disclosure as to which data fields will be used, how the data will be used or sold, and to whom the data will be sold. The EMS and the information contained within it are the sole property of the collision repair facility that generated the estimate and/or supplement.

Collision repairers need to be fully aware that the EMS extract contains all the vehicle owner's private information that is included in your estimate. The EMS extract is a copy of your estimate/supplement. You should be aware of federal and state privacy laws to ensure that you are not violating those laws as a result of another entity using or selling your data. SCRS encourages you to speak to your attorney and elicit suggestions as to what precautionary steps you should take to ensure you and your business are fully protected and compliant.

It has come to the attention of SCRS that there are several companies in the industry that are using collision repairers' EMS extracts. In some instances, these companies are using this data without the full knowledge or approval of the collision repair facilities. In other instances, repairers have given approval for a company to use the EMS extract for a very specific purpose, yet it is used for something other than its intended purpose. Collision repairers need to know this information can be aggregated and reported upon to compare market labor rates and market practices, which may be sold to insurers and other interested parties.

The SCRS Board of Directors believes these companies should be required to provide full disclosure and seek the collision repairers' written consent prior to gathering, using, or selling their information as this is the sole property of the collision repair facility.

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