Automated Driving and Data Protection: Some Remarks on Fundamental Rights and Privacy

Abstract

In case of conventional vehicles, no or very little data was generated. The widespread use of autonomous vehicles, which have a large number of sensors and camera systems in addition to memory modules and carry out permanent data exchange, has the potential to reveal not only the entire living conditions of the passengers, but also those of pedestrians, and others. The increasing networking of vehicles increases efficiency and mobility. On the one hand, this networking is entirely voluntary, but it can also be mandatory, as in the case of the eCall emergency call system. Regulation (EU) 2015/758 made it mandatory for car-manufacturers from March 31, 2018 to equip their vehicles with automatic emergency call system, which in the event of an accident automatically transmits the position and other relevant data to the rescue services. Can this possibility of ubiquitous surveillance may create legal problems.? This increasing role of data requires special attention against the background of data protection based on fundamental rights and privacy.