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Club news: OAMTC calls on legislators to 'Put Motorists in the Driving Seat!' for vehicle data

Publication date: 16 June 2015

On 11 June, the ÖAMTC General Assembly called for measures to ensure that registered keepers and/or owners of motor vehicles retain full control over any data from their vehicle that may be electronically generated, stored and/or processed.

As of 2018 at the latest, new vehicles are to be equipped as mandatory with the e-Call emergency call system, after which all cars will be capable of transmitting more or less sizeable volumes of data. Even now many vehicles transmit information about their users via radio link. But all too often it is unclear who ultimately is able to receive and read the data, let alone influence it.

In a bid to protect consumers, the ÖAMTC is calling on the legislator to ensure that only the registered keeper/owner of the vehicle is able to decide which person he or she makes the data available to, and for what purpose.

The ÖAMTC General Assembly is calling for safeguarded consumer rights for data licensing agreements.

Restrictions on the right of scrutiny of registered keepers/owners of a vehicle – e.g. exclusivity clauses designed to prevent registered keepers/owners from passing on vehicle data to third parties – are to be excluded by law. Similarly, registered keepers/owners of a vehicle must be able at any time to terminate the transmission of data to individual authorised users. Likewise, availment of certain service packages (e.g. music, traffic information, concierge services, etc.) must not be contingent on consent to the transmission of data that is not in any way related to these services. Any clauses to the contrary are to be prohibited.

The ÖAMTC General Assembly is calling for clear safeguards against the misuse of vehicle data by private individuals or public authorities.

The misuse of data always represents a massive encroachment on a person’s private sphere, which is why all available means must be deployed in order to prevent vehicle-generated data from being used for purposes other than those intended. Restrictive rules and regulations are required in particular for the commercial passing-on of vehicle data to third parties by an authorised party. With regard to the enforcement of orders by public authorities and/or courts of law, this means that these bodies may only access vehicle data insofar as such access is declared admissible by unobjectionable legislative provisions under constitutional law.

In the interest of the Club’s two million members, the ÖAMTC General Assembly is calling for an open, substantive discussion on data generation in – and data transmission from – motor vehicles aimed at achieving a statutory framework for the aforementioned problem areas in the interest of consumers.

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