"On the last day of California's legislative session in 2000, Governor Gray Davis signed into law what had come to be known as "OBD-II." The new law expanded the OBD service information requirements in California by directing car companies to make all manuals and technical service bulletins Internet-accessible, supply tools, and offer training to all non-dealer service companies in the state."
http://fbaum.unc.edu/lobby/_107th/093_OBD_Service_Info/frame...
We need OBD regulations to be updated for reflect these new technologies. I think hydrogen vehicles are also exempt.
They are mainly exempt because most of that data is emissions related. ODB came about due to CA requiring lower emissions and smog checks. They needed a way to quickly and cheaply verify it independently of the manufacturer. Unfortunately, in VWs case, the law assumed the data isn't modified before being sent.