Whom does the data belong to?

The discussion “Whom does the data belong to” is not only intensively discussed between insurers, brokers and companies in industrial insurance. The current discussion in the private motor insurance market shows the challenges of digitisation for all parties involved.

Cars are increasingly connected to the digital world. This not only brings advantages and convenience for the user, but also leads to an increased data volume. It is not yet clear who owns this data and who has access to it. An international initiative is currently under way to ensure that car manufacturers do not establish a data monopoly and that insurers also have access.

Data should be transmitted independently of each other

Insurers are particularly interested in accident data and need simple and practical access to relevant vehicle data. However, insurers are not simply allowed to collect data for themselves. Instead, an administrator should be used to transmit data to authorized persons such as lawyers, insurers and other experts. Allianz Insurance states that neither car manufacturers nor insurers or other stakeholders should have exclusive access. According to the German Insurance Association (GDV), an “independent data trustee” should be appointed in accordance with the principles of § 63a StVG in order to avoid this unsatisfactory result.

When does autonomous driving start?

The corresponding paragraph states that vehicle owners must transmit the data stored in the vehicle if this is necessary for the satisfaction, assertion or defence of legal claims. Especially for automated vehicles, there is a requirement to precisely record when the driver has control and when the computer assumes driving responsibility. At present, the regulation only applies to data storage during a highly or fully automatic journey, so that exactly where the border falls remains questionable. Strictly speaking, many vehicles would already be affected and even automatic parking can be regarded as autonomous driving.

 

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