1. Privacy Issues with Vehicle Event Recorders Prof. Dr. Hansjürgen Garstka European Academy for Freedom of Information and Data Protection Berlin, Germany

2. Interests Law Enforcement Accident Prevention Insurances Employers Research (Accident, Behaviour of Driver) Periodical Vehicle Testing Rescue and Medical Requirements Manufacturers

3. Definitions Vehicle Event Recorder (VER) Journey Data Recorder (JDR) Event Data Recorder (EDR) Accident Data Recorder (ADR) Incident Data Recorder (IDR) Sensing and Diagnostic Module (SDM) Passive Systems Active Systems

4. Previous Experiences Tachograph (mechanical, digital) SDM/EDR integrated in vehicle electronics, e.g. air bags, by OEMs European Tests with ADR in Europe as fleet management tools

5. Examples of Projects eCall Electronic Vehicle Identification (EVI) Car2Car On-Board Telematics Unit (OBTU) Vehicle Event Recording based on Intelligent Crash Assessment (VERONICA) American Commercial Vehicle Information System

6. Fundamental Questions Which data? How collected? Mandatory or optional? How long stored? Who has access?

7. Data Available: 16 000 specifications Principle of necessity shows a wide variety of data requirements regarding the different purposes Crucial issue: data of drivers to be stored? Video devices?

8. Way of collection Continuous recording (intervals?) Event recording (how to define „event“?) Triggering threshold

9. Mandatory or voluntary? Legal obligation in general Legal obligation for specific vehicles (cf. tachograph) or specific groups (e.g. young adults) Semi-mandatory (NHTSA) Factual obligation by manufacturers Factual obligation by insurances Freely given and informed consent

10. Retention time JDR: Like telecommunications, long period for security purposes? Maybe, where appropriate, in specific cases? Insurances: Pay as you drive EDR: how much time to save history? Depending on type of event?

11. Access Active Systems: Which institutions on which conditions? Informed consent necessary? Triggering by driver? Passive Systems: Driver? Holder? Prosecution? Victims? Insurances? Manufacturers? Organisational solutions: Only trusted third parties? Centralized Structures? Information security: Encryption?

12. Data Protection Demands „No to the transparent driver“: Mandatory personalized storage of driver data only in connection with particularly dangerous situations (which?) Voluntary installation by holder in other cases without storage of driver data (car rental, employees?). Therefore no use of (digitalized) driving licenses to start the vehicle. Transparency regarding installation of VERs No storage in central data bases Protection against misuse Legal regulation of data that must be stored, retention periods and access by third parties