As the world becomes more and more connected, data becomes more and more valuable. Our data has become a commodity that is bought and sold by the providers of electronics, apps, social media and many others. Our smartphones gather increasing amounts of data about us with each day that passes. What about our vehicles?
Cars have become more and more advanced to the point where they are nearly smartphones with wheels. Many cars come equipped with a multitude of sensors, cameras, and microphones. Driver assistance technologies can track steering wheel input with the accuracy to detect pressure changes in a drivers grip on the wheel. Some even track eye movements of the driver. The infotainment system can collect data on how the car is used, what is being listened to, how often controls are adjusted, among many other metrics. Plugging your phone into these systems can grant the vehicle unfettered access to the data it contains: contacts, messages, call history, and even location data.
Some data collection is useful and even necessary. Since the 1990s on board diagnostics have become standard in vehicles. These systems allow owners and mechanics to monitor performance, emissions, and allows for warnings such as the check engine light.
More in-depth information is collected through Event Data Recorders or the “Black Box” which is typically activated during a crash or near crash event and records data points such as: vehicle speed, braking, acceleration, steering inputs, seatbelt status, airbag deployment and other information regarding the dynamics of the crash. This information can be vital for determining the cause of a crash and improving safety and survivability of such events. This information can also be used to determine fault. Courts in Canada have shown some uncertainty in the past regarding the use of this information, with decisions landing on both sides of whether there is a reasonable expectation of privacy.
What happens with all the other data that your vehicle collects about you? The Mozilla Foundation conducted a review of the privacy practices of 25 Car Brands, of these 25, all received a failing grade. This study found that every car brand collected more information than necessary. One brand purported to be capable of collecting race, national origin, sexual orientation and activity, precise geolocation and genetic information. Another brand stated that it may collect information about your sex life and six others collected genetic information and characteristics.
84% of these brands stated that they could share this information with third parties, with 75% reserving the right to sell the information collected. Further to this, 88% mentioned that they use this information to create inferences about the individuals using their vehicles and sell this information as well.
What can we do?
- Establish Data Protection Regulations for Connected Cars and Autonomous Cars
- Involve Privacy Experts in the Design of Intelligent Transportation and Connected Vehicles
- Require vehicle manufacturers to be open and transparent about the data that they collect and it use
This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
