Sustainable Data Governance for Cooperative, Connected and Automated Mobility in the European Union (original) (raw)
Related papers
IDP Revista de Internet Derecho y Política, 2021
This article focuses on the issue of data governance in connected vehicles. Firstly, basic notions of autonomous vehicles are analyzed, and a legal framework is introduced. The European Union aims to create cooperative, connected, and automated mobility based on the cooperation of different inter-connected types of machinery. The essence of the system is data flow in connected vehicles, and the issue represents one of the heavily discussed themes in legal doctrine. Therefore, data governance is further discussed in the article. The final part of the article deals with the issue of responsibility and liability of different actors involved in the processing of personal data according to the General Data Protection Regulation applied to the environment of CAV smart infrastructure.
Towards a European Law on Cooperative, Connected and Automated Mobility (CCAM
CEUR-WS Vol-3531, 2023
The paper analyzes the legal framework on cooperative, connected and automated vehicles on the roads of the European Union. In particular, the Intelligent Transport Systems (ITS) services of Directive 2010/40/UE and its reform proposal for the adoption of a future Delegated Regulation on Cooperative Intelligent Transport Systems (C-ITS). European policy deals entirely with the cooperation, connection and automation of vehicles. This is seen as the most appropriate to achieve its objectives. In parallel, the automotive industry and the national authorities of the Member States are certifying automated vehicles that already reach level 3 of the Classification System of the Society of Automotive Engineers.
Automated Driving and Data Protection: Some Remarks on Fundamental Rights and Privacy
Krytyka Prawa, 2021
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.
2020
Emerging technologies and tools based on Artificial Intelligence (AI), such as Connected and automated vehicles (CAVs), present novel regulatory and legal compliance challenges while at the same time raising important questions with respect to ethics and transparency. On the one hand, CAVs bring to light theoretical and practical challenges to the implementation of the multi-dimensional obligations of the current European personal data protection legal framework, including the General Data Protection Regulation (GDPR), the ePrivacy Directive,1 and where applicable, the Directive for a high common level of security and information systems (NIS Directive or NISD).2 As mere examples, CAV developers currently face multiple legal hurdles to overcome, including the necessity to fulfil controller and/or processor obligations in complex data processing scenarios3 and tensions with the GDPR’s principle of purpose ∗Prof. Dr. Paolo Balboni is Professor of Privacy, Cybersecurity, and IT Contrac...
Ethics and Information Technology
The paper has two goals. The first is presenting the main results of the recent report Ethics of Connected and Automated Vehicles: recommendations on road safety, privacy, fairness, explainability and responsibility written by the Horizon 2020 European Commission Expert Group to advise on specific ethical issues raised by driverless mobility, of which the author of this paper has been member and rapporteur. The second is presenting some broader ethical and philosophical implications of these recommendations, and using these to contribute to the establishment of Ethics of Transportation as an independent branch of applied ethics. The recent debate on the ethics of Connected and Automated Vehicles (CAVs) presents a paradox and an opportunity. The paradox is the presence of a flourishing debate on the ethics of one very specific transportation technology without ethics of transportation being in itself a well-established academic discipline. The opportunity is that now that a spotlight...
The European Road to Autonomous Vehicles
43 Fordham International Law Journal, 2019
The present contribution intends to outline a European regulatory strategy to address technological and legal challenges posed by autonomous vehicles. Starting with a recent communication of the European Commission, this Article provides a critical analysis of EU policies on the legal issues of liability related to autonomous vehicles. The ongoing discussions within national jurisdictions demonstrate that a comprehensive plan to tackle the aforementioned problems is missing. The efforts made by national legislators and scholars reveal a patchwork of solutions, whereby everyone tries to find their own way to balance innovation with the need to protect the interested persons. It is however clear that the possible evolutions in the automotive sector will mainly affect three branches of private law: traffic accident liability, product liability, and insurance law. It is thus necessary to understand whether private law needs to adapt its paradigms to the technological developments under examination. In this respect, this contribution tries to examine the main problematic aspects of the actual legal framework at the national and European level. It goes then further in presenting, through a two-steps approach, what traffic liability may look like in the future, both in the short and in the long term. The main findings of this Article are that in the near future no dramatic changes are required, but just some minor amendments to adapt the product liability regime to the technological changes; in the more distant future, when users will demand autonomous vehicles through their devices, there will be the need to fashion a new system of traffic liability with compulsory insurance on manufactures, which will become a prerequisite for the vehicle being in motion. Finally, this Article advances some conclusions about the need to foster comparative research on the examined issues.
Shared Automated Mobility: The Legal and Governance Considerations
Proceedings of the 8th International Conference on Vehicle Technology and Intelligent Transport Systems
Automated vehicle technology is a fast-growing phenomenon which has, in recent years, found itself at the forefront of research projects being carried out in jurisdictions all over the world, and is a vital component to the modern revolution of the transport sector in the race against climate change. However, attaining a world with driverless cars and digital infrastructure, which eliminates the role of the driver, requires a detailed study from multiple aspects, including from a legal and governance perspective. A holistic, proportionate, and harmonised approach towards a dedicated body of legislation, which strikes the right balance between safeguarding consumers and a free market, is crucial to reaping the full potential of this technology, as the demand for alternative mobility solutions increases. This paper considers the legal impacts, which automated vehicles are expected to have on mobility, analysing in particular the challenges posed, the adequacy of existing legal systems, and the improvements that need to be made, on the basis of international research, with a particular focus on Malta. Project MISAM (Malta's Introduction of Shared Autonomous Mobility) was launched specifically for the purpose of assessing the viability of enabling the use of automated vehicles in Malta, including from a legal and governance perspective.
On-line Journal Modelling the New Europe, 2023
What will be the mode of the data that today's connected cars accumulate has become a critical issue for the entire automotive sector and its related supply and service industries. If quanta of highly usable data remain largely with car manufacturers, they will become gatekeepers and the entire aftermarket will either fall into complete dependence on them or lose the ability to innovate and compete. Aftermarket leaders and EU institutions are working to ensure that this data is shared from manufacturers to other supply and service providers. However, the most sensitive data is of a personal nature and its widespread sharing in the name of open competition may conflict with the right to privacy and the protection of drivers' personal data. Protecting both competition and data at the same time can be awfully expensive, with negative impacts on consumption and available mobility. This paper seeks to explain this straitjacket of three not entirely consistent requirements and to show the possibilities for emerging legislation within its framework. It shows that there are not only convincing arguments but also strong lobbies behind each of the demands, which makes finding a compromise solution even more difficult. At the end of the analysis, a solution is proposed which, taking into account all the constraints, appears to be the least detrimental to the preservation of all protected rights and legitimate interests.
IALS Student Law Review, 2018
The contribution by Jan De Bruyne 1 and Dr. Cedric Vanleenhove 2 focusses on some implications related to the commercialisation of self-driving or autonomous cars. Such vehicles are no longer a mere futuristic idea. They could soon be available on the market. Society in general and the applicable rules in particular will undergo a transformation following the introduction of autonomous vehicles. Despite the many benefits, self-driving cars also pose several challenges. These do not only relate to technical aspects but also to the influence of the autonomisation of traffic on infrastructure and employment in different sectors. More importantly, several legal challenges will need to be addressed as well before society will be able to fully enjoy the benefits of self-driving cars. The question as to who should be held liable for damage caused by self-driving car has already been addressed in academia. Less attention has been devoted to the relationship between autonomous vehicles and the existing private international law rules in the European Union. Although the application of the current jurisdictional and conflict of laws rules does not present problems, the membership of some EU Member States of the 1971 Hague Traffic Accidents Convention and/or the 1973 Hague Products Liability Convention impedes the harmonisation of conflict of laws rules in noncontractual matters as envisaged by the Rome II Regulation. In cases concerning liability arising from traffic accidents and in product liability cases, different Member States courts sometimes apply a different national law. This reduces foreseeability and legal certainty.