This is a continuation of Where is the Data EV (electric vehicles). Automated Driver Assistance Software (ADAS) requires a lot of data, but gathering, securing, and using that data is problematic. Here is the fourth of four lessons to be learned about managing the risk from that data.
Lesson #4: Is the data yours?
Plaintiffs' attorneys (suing other parties seeking monies because of harm done to their clients) have long sought full access to recordings made by onboard diagnostic and tracking computers in vehicles (often called “OBD” data). These data recordings can include how fast a vehicle was traveling, how hard the driver made turns or braked, the conditions of various vehicle equipment, sensor data (for example, temperature, road conditions, tire pressures), and much more. The features include features for emergency locating and fetching assistance (GM OnStar) in use for more than 10 years.
Insurers have also sought this information. Some large casualty insurers will lower insurance costs if vehicles are equipped with a custom sensor and data collection package. Data related to the driving habits of young or less experienced, drivers is also sought by insurers and other parties. Compliance with court orders regulating impaired driver future behavior by “geofencing” have been discussed.
In addition to the data gathered by the vehicle, the ‘location’ data collected by Android/iOS devices (smartphones in the vehicle) also record much geographic location, time of day, and related data. The presence of a smartphone in a vehicle ‘registering’ with cell towers is considered usable by law enforcement in many jurisdictions for “evidence” in a court proceeding.
The “ownership” and “control” of the data are conflicted and in question in many jurisdictions. The obligations of third parties (such as software vendors, telecommunications carriers, and cloud services) to furnish this data upon request to others (plaintiff's lawyers, courts, prosecutors, defense lawyers, regulators, other passengers, etc.) is a subject of legal, regulatory, and ethical debate.
The data collected by ADAS (and related apps, smartphone codes, and vehicle functions) is relatively unknown to the public and undiscussed. The legal and regulatory demands, and from others (views of who was riding after school in the vehicle?), are not fully decided, understood, or widely accepted.
Conclusion
Enterprises building EV ADAS systems need lots of data to develop the level of automated driving the world dreams about. There are serious questions regarding what data can be collected, who owns it, and what can be done with it. This series suggests that:
1. Enterprises need to recognize their responsibility to secure and track the data.
2. Regulatory authorities across jurisdictions and geopolitical divisions may have different views on what data can be collected. Violating local rules could be costly and incur legal liability.
3. The data that cameras record may not be as private as the public believes.
4. Who owns all the data that an ADAS collects is not well understood. Changes in understanding could be costly at some point.
Where is the Data is a new series from EkaLore and it spans across different categories. You can read more articles at www.ekalore.com/bad-project-blog and at www.ekalore.com/ars
If you’d like to talk to a senior analyst, you can send us a quick note at sales@ekalore.com
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