Who owns the Data my car produces
Who owns the Data my car produces
Author
Discussion

drdel

Original Poster:

496 posts

158 months

Tuesday 7th March 2017
quotequote all
I own my car yet the manufacturer has installed a data card which enables them to monitor all manner of variables.

Suppose I don't want my servicing automatically booked etc.
Suppose I want to see that data (manufacturers generally wont release it).

My questions is who owns the Data?


TwigtheWonderkid

49,158 posts

180 months

Tuesday 7th March 2017
quotequote all
This is the subject of a huge debate at the moment within ACFO (Assoc of Car Fleet Operators). It has some pretty serious ramifications legally.

TooLateForAName

4,932 posts

214 months

Tuesday 7th March 2017
quotequote all
You probably accepted some sort of T&C ?

Whats the car? You could always remove the sim.

AMG Merc

11,955 posts

283 months

Tuesday 7th March 2017
quotequote all
If you lease the car, or have a maintenance plan, then it may be argued that they do. If you own it outright I'd suggest you do. Either way I believe they are obliged by EU law to switch off any comms at your request.

OverSteery

3,794 posts

261 months

Tuesday 7th March 2017
quotequote all
its a scary world.
googling turned up this:

Under Section 3 of the Data Protection Acts, you have a right to find out, free of charge, if a person (an individual or an organisation) holds information about you. You also have a right to be given a description of the information and to be told the purpose(s) for holding your information.

which aligns with what I thought.

I would definitely try it if I had such a modern car to see what I get.

Derek Smith

49,916 posts

278 months

Tuesday 7th March 2017
quotequote all
TwigtheWonderkid said:
This is the subject of a huge debate at the moment within ACFO (Assoc of Car Fleet Operators). It has some pretty serious ramifications legally.
Indeed. If the information can identify someone as a person, then it is probable that it will be controlled under the current Data Protection Act. This give the data controller and processor all sorts of obligations and you all sorts of rights.

'A legal minefield' doesn't do the problem justice.


speedking31

3,943 posts

166 months

Tuesday 7th March 2017
quotequote all
They can't identify a person from the driving information or vehicle parameters.

eldar

25,292 posts

226 months

Tuesday 7th March 2017
quotequote all
speedking31 said:
They can't identify a person from the driving information or vehicle parameters.
They can identify the car?

OverSteery

3,794 posts

261 months

Tuesday 7th March 2017
quotequote all
speedking31 said:
They can't identify a person from the driving information or vehicle parameters.
No location data is stored? anything that is parked on the same drive every night would be easily associated with an individual.

Dave Finney

440 posts

176 months

Tuesday 7th March 2017
quotequote all
drdel said:
I own my car yet the manufacturer has installed a data card which enables them to monitor all manner of variables.

Suppose I don't want my servicing automatically booked etc.
Suppose I want to see that data (manufacturers generally wont release it).

My questions is who owns the Data?
Are you referring to Ecall?

It's to be in all new cars from next year but some cars have it already.

It consists of a microphone in the car along with other vehicle data connected to a 2-way mobile phone link back to the authorities.

The idea is that the cars impact sensors can initiate a call to 999, the emergency services can talk to you, and they can hear your reply. Ecall transmits your location and they can then send help.

rich888

2,610 posts

229 months

Tuesday 7th March 2017
quotequote all
I've often wondered about this because I use bluetooth to make phone calls from my phone when in the car, and indeed it accesses the phonebook on my phone which is very handy when I'm driving, but do the car manufacturers download the contents of my phone? What happens when I trade the car in? is the info stored in the car for downloading at the next service by the dealer?

davepoth

29,395 posts

229 months

Tuesday 7th March 2017
quotequote all
eldar said:
They can identify the car?
There's a good argument that the car isn't personally identifiable information - if it was, the police would have a much easier time with trying to work out who was driving a car at the time of the alleged offence...

sebhaque

6,535 posts

211 months

Wednesday 8th March 2017
quotequote all
rich888 said:
I've often wondered about this because I use bluetooth to make phone calls from my phone when in the car, and indeed it accesses the phonebook on my phone which is very handy when I'm driving, but do the car manufacturers download the contents of my phone? What happens when I trade the car in? is the info stored in the car for downloading at the next service by the dealer?
Some cars allow you to download your phonebook to the car itself. It's not automatic unless you specify it, but I suspect that one of the previous drivers of the rental 2008 on my drive didn't quite understand how I could have rang his/her mum as the driver's phone book was stored in the car.

It goes without saying that I deleted the entire phonebook as soon as I realised the contacts weren't mine.

anonymous-user

84 months

Wednesday 8th March 2017
quotequote all
In any other discussion, the OP would be told to discard his 'tinfoil hat';) This sort of thing is, I fear, just the tip of the forthcoming iceberg.

Still, if you've got nothing to hide....smile

0000

13,966 posts

221 months

Wednesday 8th March 2017
quotequote all
davepoth said:
eldar said:
They can identify the car?
There's a good argument that the car isn't personally identifiable information - if it was, the police would have a much easier time with trying to work out who was driving a car at the time of the alleged offence...
I heard relatively recently from legal-types at work that it's now clear that a MAC address must now be considered personal data (seems odd I know, but that's why it came up). Which almost certainly implies any identifier for a car also indicates personal data.

Stuzza

143 posts

118 months

Wednesday 8th March 2017
quotequote all
0000 said:
I heard relatively recently from legal-types at work that it's now clear that a MAC address must now be considered personal data (seems odd I know, but that's why it came up). Which almost certainly implies any identifier for a car also indicates personal data.
Registration number certainly counts as personal data at my employer. I'm based in the UK but they are a large German automotive supplier so policies combine both UK and German requirements for data protection.

JonV8V

8,184 posts

154 months

Wednesday 8th March 2017
quotequote all
0000 said:
davepoth said:
eldar said:
They can identify the car?
There's a good argument that the car isn't personally identifiable information - if it was, the police would have a much easier time with trying to work out who was driving a car at the time of the alleged offence...
I heard relatively recently from legal-types at work that it's now clear that a MAC address must now be considered personal data (seems odd I know, but that's why it came up). Which almost certainly implies any identifier for a car also indicates personal data.
Nothing in clear.. there may be specific scenarios like the MAC address on an employees laptop but as a broader principal I don't agree it's always the case. You can not identify a person from a MAC address unless the device is formally linked to an individual is some way, and that data needs to reasonably accessible. HP have the mac addresses of all the kit they've made but they may not know any of the users, they're not holding PI in my opinion. An auto manufacturer won't know the driver, maybe not even the current owner and would need to apply to the DVLA for registered keeper in the event of a recall.

You have to go back to the definition

The definition of personal data is data relating to a living individual who can be identified

from that data (i.e. Name) or
from that data and other information in the possession of, or is likely to come into the possession of, the data controller

In other words, the data controller needs to be able to identify you in some way (have your name) and then any data that uniquely (or even probably with a high degree of confidence) links through to that person is pi.

Actual

1,731 posts

136 months

Wednesday 8th March 2017
quotequote all
http://www.bbc.co.uk/news/technology-39193008

It turns out that the data is owned by the CIA smile

0000

13,966 posts

221 months

Wednesday 8th March 2017
quotequote all
ICO said:
Simply because you do not know the name of an individual does not mean that you cannot identify that individual. Using a MAC address or other unique identifier to track a device with the purpose to single them out or treat them differently (eg by offering specific products, services or content) will involve the processing of personal data.
https://ico.org.uk/media/1560691/wi-fi-location-analytics-guidance.pdf

Rovinghawk

13,300 posts

188 months

Wednesday 8th March 2017
quotequote all
Dave Finney said:
Ecall?

It's to be in all new cars from next year

It consists of a microphone in the car along with other vehicle data connected to a 2-way mobile phone link back to the authorities.

The idea is that the cars impact sensors can initiate a call to 999, the emergency services can talk to you, and they can hear your reply. Ecall transmits your location and they can then send help.
Can it be disabled for those who want privacy?