Acquisition pathways of user data in the context of intelligent connected vehicles: Centered on the right to data portability
Ruoqing Guo
Beijing University of Technology
Miao Zhang
Beijing University of Technology
DOI: https://doi.org/10.59429/esta.v13i2.14567
Keywords: intelligent connected vehicles; right to data portability; data user; keep data flowing
Abstract
Intelligent connected vehicles continuously generate vast amounts of vehicle data, driving data, and user behavior data during user's operation. Although users directly contribute to the generation of this data, they are unable to actually access or utilize it due to the relative monopoly held by automakers. Cases such as the Tesla driving data dispute demonstrate that specific scenarios, including accident liability determination, vehicle repairs, and insurance claims are highly dependent on the retrieval and circulation of vehicle data. However, the current regulatory framework relies primarily on the right to know under the Law of the People's Republic of China on the Protection of Consumer Rights and Interests to provide case-by-case remedies, making it difficult to address users' needs for data utilization. The right to data portability stipulated in Article 20 of Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR") differs from the mere right of access. It can reshape data control relationships in the digital age by promoting data sharing, ensuring the fair distribution of data value, and strengthening the right to informational self-determination. At the institutional level, the right to data portability should not be confined to personal information in the strict sense. Instead, it should take into account the symbiotic nature of smart connected vehicle data and moderately expand its scope of application to include certain data that is directly linked to users and makes an irreplaceable contribution. Drawing on the experience of the Regulation (EU) 2023/2854 (the "EU Data Act"), which has already expanded the scope of data access and transfer for the Internet of Things (IoT) products to include non-personal data, a data portability framework for intelligent connected vehicles can be gradually established through interpretive approaches and industry pilot programs. Supporting rules should be developed to address specific issues such as data acquisition pathways, authorized transfer methods, interface standards, frequency limits, and fee mechanisms. This approach will ensure the protection of user data rights while facilitating the free flow of data.
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