Vehicle Location Data Creates Immense Value – Immense Implications for the Automotive and Tech Industries CHRISTIAN WOLGEMUTH MCNEES WALLACE & NURICK • Remote data, such as status of powered doors, windows, hood, trunk, sunroof, hazard lights, fuel
Christian Wolgemuth, associate with McNees Wallace and Nurick LLC, explores the modern-day passenger vehicle. As new technological features have emerged, so has the presentation of more indepth vehicle data.
economy and trip distance. • Driving data, which includes acceleration rates and vehicle speeds, steering and breaking usage and travel direction.
The purpose of the passenger vehicle – to transport its • Data relating to the vehicle occupants’ usage of
occupants from one location to another, wherever and
multimedia screens.
whenever they want to go – has remained relatively unchanged since Carl Benz dreamt up a gasoline-
• Voice prompts and voice recordings.
powered, three-wheeled, two-seater in the late 1800s. While modern passenger vehicles have certainly become more comfortable, capable and advanced over the last
• Historic GPS and precise vehicle location data.
130 years, their core functionality has remained generally the same. However, as automotive manufacturers have
Just like data generated from an internet user’s browsing
integrated more technological features and conveniences
or online shopping history, data generated from vehicles
to entice new buyers, they have also created new
is incredibly valuable to manufacturers and third
commercial opportunities for those vehicles to the
parties integrating consumer-friendly technology. The
benefit of the manufacturers and other third parties in
generation and mining of this data has generally not
the tech industry. With every mile traveled by the driver
gotten the same level of public attention as internet
and every digital “tick” of the odometer, modern vehicles
browsing or cell phone data, but it does need to be treated
generate incredible amounts of valuable data, and every
similarly by the controllers and processors of that data
party gathering, sharing or using that data needs to be
to make sure that the applicable privacy laws are not
aware of the responsibilities and implications that come
violated. Given the size and sophistication of modern
along for the ride.
automotive manufacturers operating in the United States, they are certainly cognizant of their obligations
The information associated with a vehicle now includes
toward consumer online privacy stemming from domestic
more than just make, model, year and mileage. These
legislation like the California Consumer Privacy Act
modern vehicles generate, and manufacturers and other
(CCPA), California Privacy Rights Act (CPRA), Virginia
parties collect, vehicle data that now includes:
Consumer Data Privacy Act (VCDPA) and international legislation like the European Union’s General Data
• Vehicle health data, such as odometer reading, fuel
Protection Regulation (GDPR). A quick glance at most of
level, oil life, diagnostic codes and other maintenance
their online privacy policies will confirm as much, but
information.
some manufacturers still have room for improvement in how they acknowledge their use of data generated by their vehicles. CORPORATE COUNSEL BUSINESS JOURNAL
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