dashboard-gps-computer.JPG

An attendee demonstrates the OnStar Corp. 4G LTE dash system on a General Motors Co. (GM) Chevrolet Impala vehicle during the 2014 North American International Auto Show (NAIAS) in Detroit, Michigan, U.S., on Monday, Jan. 13, 2014.

(Daniel Acker/Bloomberg)

By Ronald W. Kosh

With the rapid advancements in technology, cars have essentially become rolling smartphones. What has not kept pace is our understanding of privacy and data ownership implications of that huge amount of information being generated and transmitted by our vehicles in what is now known as telematics.

This is a major consumer rights and privacy issue. Simply put: Our view is that if you own the car, you own the data — and you certainly should have control over it. Just like new phones have privacy settings, a vehicle’s owner should be able to solely determine what data is going to be shared and with whom.

Auto manufacturers aren’t giving consumers that option. They must do much more to guarantee consumers their freedom of choice, privacy and control in ensuring access to car data. AAA has advanced consumers’ right to choose where we have our cars serviced. A recent “memorandum of understanding” (MOU) between manufacturers and some repair trade groups addresses certain issues in this longstanding debate within the automotive industry. Although that agreement incorporates some consumer benefits, it is clearly not a comprehensive solution and markedly insufficient from a consumer protection viewpoint.

All new cars have embedded microprocessors, varying with vehicle make from a few dozen to more than 100. Some reduce emissions and others operate anti-lock brakes and maintain vehicle stability. Those ever more sophisticated convenience, navigation and infotainment systems require more. They also enable personal data to be collected remotely: your driving style, locations you visit and even musical tastes. Other data being recorded include component information that can predict if a part is about to fail.

Where is the data that is being transmitted from your car going and who has access to it? Is it anonymously aggregated or is it individually specific? How is it being used and how long is it stored? Does the vehicle owner have to access it and – most important – can the owner control its dissemination?

Here in New Jersey, car owners could have some (but not all) rights protected by a “right to repair” bill that passed the Assembly last session but never made it through the Senate. It has been reintroduced and is pending in both houses. While the measure allows consumers the choice of where their car may be repaired, it doesn’t address critical telematics-related issues. Likewise, the recent industry MOU doesn’t do that either. New Jersey’s current legislation should be amended to do so.

AAA believes that consumers have specific and basic rights with respect to the data their cars generate, especially:

• Transparency. Consumers have a right to clearly understand what information is being collected from their vehicle and how it is being used. Businesses and the government should be transparent about the collection and use of vehicle data.

• Choice. Consumers have a right to decide with whom to share their data and for what purpose. This includes ongoing monitoring of vehicle systems, repair and any data of the vehicle owner's choice. Customers should not be forced to relinquish control as a condition of purchasing or leasing a vehicle or of receiving a connected-vehicle service. (Connected vehicles are capable of wirelessly transmitting data to and from automakers and third-party service providers to enhance safety and provide conveniences such as GPS navigation tools and internet-connected concierge services right from their dashboards.)

• Security. Consumers have a right to expect that connected-vehicle manufacturers and service providers will use reasonable measures to protect vehicle data systems and services against unauthorized access and misuse.

Today, each new model year brings with it vehicles that are changing rapidly and are increasingly sophisticated in data collection, retention and communication. Because of the constant advances in technology, far more must be done to guarantee consumer choice and control of vehicle data in the future.

As cars increasingly transmit data outside the vehicle, it is essential that automakers acknowledge their role to ensure consumers maintain their rights regarding the application and use of that data.

Ronald W. Kosh is vice president of public and government affairs for AAA Mid-Atlantic.

2 trchristie HINDASH.JPG

CONNECT WITH US: On mobile or desktop:

• Like Times of Trenton on Facebook

• Follow @TimesofTrenton on Twitter