May 26, 2022

Volume XII, Number 146

Advertisement
Advertisement

May 26, 2022

Subscribe to Latest Legal News and Analysis

May 25, 2022

Subscribe to Latest Legal News and Analysis

May 24, 2022

Subscribe to Latest Legal News and Analysis

Navigating the Data Privacy Landscape for Autonomous and Connected Vehicles: Defining Data Privacy Principles

This is the third part in a series of advisories on data privacy best practices for autonomous and connected vehicles. To read previous advisories in this series, please visit: Best Practices and Documenting Data Collection.

In 2014, leading automakers adopted the Consumer Privacy Protection Principles for vehicle technology and services. These Principles were reviewed again in 2018. Led by the Alliance for Automotive Innovation (Auto Innovators), these Consumer Privacy Protection Principles currently define privacy principles for vehicle technologies and services including:

  • Voluntary disclosure of the types of data being collected and how the data will be used and shared

  • Multiple points of disclosure including in-vehicle displays, web-based registration portals and owner’s manuals

  • Ability for consumers to review privacy policies prior to purchase

  • Opportunity for consumers to grant permission for their data to be used for third-party marketing

Despite the time lapse since the Principles’ initial adoption and their applicability to conventional vehicles they, along with industry best practices and current regulatory requirements, can nonetheless be a useful reference for autonomous vehicle companies. In-house counsel at autonomous vehicle companies should ask the following questions to help construct effective data protection and privacy policies that ensure their company’s technologies manage access to identifying data:

  • Where possible, can internal and external access to this data be restricted to the technologies required to perform a specific service?

  • Where should the technology use persistent versus randomly assigned identifiers?

  • Can the data be anonymized or de-identified?

  • What degree of control can customers have over what data is collected, stored or shared?

  • When it’s time to transfer ownership, which user data should be deleted, as it may be on other personal devices like a laptop?

© 2022 Varnum LLPNational Law Review, Volume XII, Number 131
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Adam Brody, Partner, Varnum
Partner

Adam is a partner in the Litigation Practice Team concentrating on complex civil litigation in both state and federal courts. He has extensive first-chair experience, including trial, appellate, and alternative dispute resolution work. While Adam has experience in a broad range of matters, including intellectual property litigation, the defense of wrongful death claims, property tax litigation, and cases involving covenants not to compete, his work is primarily focused on commercial contract...

616-336-6461
John J. Rolecki Litigation Attorney Varnum Grand Rapids, MI
Partner

John represents clients in various types of complex commercial litigation and provides counsel on matters including regulatory compliance, licensing and insurance coverage. He has successfully represented clients in a range of litigation including contractual and supply chain disputes, unfair competition, creditors' rights, securities disputes and administrative actions. John's background in complex matters includes bringing cases to summary judgment, trial and courts of appeal in state and federal courts throughout the country.

Practice Areas

  • Insurance
  • ...
616-336-6398
Jeffrey M. Stefan II Auto and Emerging Technology Attorney Varnum Law Firm
Counsel

Jeffrey is a technology-focused corporate attorney with broad legal authority in autonomous and connected vehicles. He previously served as autonomous vehicle counsel for a major global automaker providing regulatory counsel and transactional support. Prior to that role, he supported the automaker's emerging technology portfolio, which included connected vehicle services and other advanced safety technologies.

Jeffrey helps his clients navigate the evolving legal and public policy landscape for new and emerging technologies. He additionally focuses on technology startups assisting...

313-481-7343
Andrea M. Gumushian Attorney Data Privacy Varnum Law DC California
Associate

Andrea is an associate on Varnum’s data privacy and mobility practice teams. She advises leading mobility and technology providers on domestic and international data privacy laws and regulations. Her practice includes drafting and reviewing data protection impact assessments, privacy policies and product-specific privacy notices. Andrea helps clients implement policies and procedures for responding to consumer rights requests and data breaches under the EU-GDPR and California Consumer Privacy Act. She also has experience reviewing vendor and customer contracts with a...

313-481-7347
Justin M. Wolber Corporate Attorney Varnum Law Grand Rapids
Associate

Justin has a variety of experience working in several areas of the law. He is a skilled researcher with experience in litigation, corporate, real estate, and employment matters. Justin has experience in drafting organization and entity formation documents, performing due diligence in corporate matters, and providing research on commercial litigation and employment law matters.

While in law school, Justin was a member of Notre Dame’s Jessup International Law Moot Court team and participated in Notre Dame’s London Law Program.

616-336-6952
Advertisement
Advertisement
Advertisement