Benjamin KumpfSmart Cars – eine datenschutzrechtliche Analyse

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The road to the autonomous driving leads to intelligent and, in the ideal case, to self-driving vehicles being equal to human drivers. This development is coming along with the collection and processing of an enormous amount of data. Exclusively the gapless capturing of any information regarding the driving, the passengers and the environment of the car will technically render possible an autonomous driving. In addition to the manufacturer even third parties show economic interests to collected driving data. The processing of personal data shall be performed in accordance with the rules of the Federal Data Protection Act (“BDSG”). The question, which of any data collected in a car are personal data, is of central importance. In the event an anonymization of personal data collected in a car is impossible, its processing is prohibited unless permitted or prescribed expressly by law or if the data subject has consented. The variety of the data subjects in Smart Cars makes it challenging to acquire legally effective consent by the data subjects. In addition the European data privacy law is in upheaval. The Federal Data Protection Act shall be replaced by the European General Data Protection Regulation on May 25th 2018. Especially the amended requirements of a legal effective consent lead to new legal questions regarding the data processing in vehicles. This complex of problems on the one hand, but also chances regarding the principle Privacy by Design regulated within General Data Protection Regulation on the other hand are subject of the analysis. Furthermore, the comparison of the data privacy level within the USA with the level of data privacy within national and European law leads to valuable insights.

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