FEMA deals with data protection and motorcycles
The European Motorcyclists Association appeals to the European Union
The Federal Emergency Management Agency (FEMA) is calling on the European Union to demand the same data protection rights for motorcyclists and drivers. In addition, the requirements for FEMA are not sufficient.
For more than a decade, auto manufacturers have been controlling the flow of vehicle data and striving to become service providers for all matters relating to automobiles. Sovereignty over your data? Privacy protection? Drivers are very far from it. Motorcycles don’t yet offer many possibilities for collecting and evaluating data, but there is already a lot of information pouring in here and it is growing more and more.
The European Union has not yet taken care of the rights of motorcyclists
Although the EU is involved in negotiations between car manufacturers and other interest groups over data ownership and control, FEMA rightly sees the potential for improvement here. Because the European Union is not committed to the rights of motorcyclists in the ongoing discussions and negotiations. For example, the European Commission recently launched a public consultation on access to vehicle data, functions and resources. However, this only applies to cars, buses and light and heavy commercial vehicles (Class M and N), but not motorcycles and other vehicles in Class L.
But the question of data ownership is already a problem for motorcycles. “At least one manufacturer (BMW) has admitted to FEMA that it extracts data from the motorcycle’s internal diagnostics (OBD) system during maintenance and repair work in BMW workshops without express consent or knowledge and even at the expense of the owner’s vehicle, for transmission and use by BMW headquarters,” according to FEMA reports in its April 28, 2022 article, ‘My Motorcycle, My Data’. It is therefore essential that L-Class vehicles are treated equally and that the interests of motorcycle owners are protected in the same way as other vehicles.
FEMA letter to the European Union Commission
So the Federal Emergency Management Agency (FEMA) sent a letter to the European Commission, stating that in the negotiations on the topic of data protection and data ownership, motorcycles must also be taken into account. In addition, FEMA sees another need for improvement with regard to the current draft of the EU Data Law:
“In our view, the vehicle owner is the owner of the data generated by the vehicle, and therefore the owner should be the focus in the data law and not the vehicle manufacturer. The owner should control the data flows through an appropriate, have interactive opt-out opportunities and can decide who He can access the data Because we are reading the data law, the manufacturer basically controls the data and the car owner must take action to control what happens to the data. For us, this is the wrong way to go. We also do not agree with the assumption that the basis of The manufacturer’s use of non-personally identifiable data is a contractual agreement between the manufacturer and the user that may be part of the contract to sell, lease or lease the product, since all vehicle manufacturers have such provisions that the vehicle user will have no choice but to consent.In addition, we lack Reference to future vehicle owners in the proposed data law, who may have rights and obligations of which they are not aware.In our view, data holders (whether they are from Manufacturers as part of the Enhanced Vehicle System or their other holders, eg as part of a secure on-board telecommunications system) to enter into a new agreement with subsequent vehicle owners for the use of vehicle-generated data.”
According to FEMA, the proposed data access model for car manufacturers is not in the best interest of vehicle owners. The Assembly calls on the European Union Commission to:
- To protect the interests of owners of two- and three-wheeled vehicles in the same way as owners of M and N class cars.
- To protect the ownership and use of vehicle data in the best possible way, i.e. by setting access rules and entering a secure one-time password for all vehicles of class L, M and N.
- Make provisions in the data law for subsequent vehicle owners.