www.caaai.eu

Roeland de Bruin LL.M.

Centre for Access to and Acceptance of Autonomous Inteligence (CAAAI)

Centre for Intellectual Property Law (CIER), Molengraaff Institute – Utrecht University;

Mitopics B.V. [11 April 2016]

Private Actors in the

regulation of

Autonomous Intelligent Cars

www.caaai.eu

CAAAi:

Center for Access to and Acceptance of

Autonomous Intelligence – www.caaai.eu

• Providing insight in the legal and normative framework

for the development and deployment of

Autonomous Intelligent Systems in the European Union

• Discussing how a future legal and normative framework may

contribute to the optimal balance between the need to

support innovation and the acceptable introduction of AIS in society;

CAAAi is part of the Centre for Intellectual Property Law (CIER);

Faculty of Law, Economics and Governance;

Utrecht University.

www.caaai.eu

What role can private actors play in regulating the development and deployment of Autonomous Intelligent Cars?

Outline

1. Autonomous Intelligent Cars

2. Private actors in two legal and regulatory issues:

1. (Product) safety

2. Information Privacy

3. Wrap up and conclusions

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1. Autonomous Intelligent cars

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1. Autonomous Intelligent cars

• Autonomous

• Relates to the level of human intervention

• A spectrum; „decision making capacity‟ correlates with need for „human

intervention‟

• Intelligent

• Ability to adapt behaviour to new circumstances

• Keywords: learning, reasoning, problem solving, (language) perception

etc…

• Cars

• Wheeled, self-powered motor vehicles used for transportation

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2. Legal & regulatory issues

• Horizon 2020

• Promoting innovation & growth

• AIS can be „driver‟ for growth

• Current regulatory framework is not optimized to

stimulate innovation & succesful societal deployment

• What to regulate?

• How to regulate?

• Role private actors…

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2.1 Private actors & Product safety

• General Product Safety Directive

• Machinery Directive:

• Only safe products may be put into commercial circulation

• Products are deemed safe:

• Complying with EU (CE-)norms and standards

• Specific national norms

• EC Recommendations

• Best practices

• State of the art and technology

• No AIC-specific EU norms available to date.

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2.1 Private actors & Product safety (2)

• Extensive framework on safety ‘motor vehicles’

• General Safety Regulation

• Framework directive Approval of Motor Vehicles

• Only approved vehicles may access the EU roads

• Approval when requirements regulatory framework are met

• Manufacturer responsible

• Autonomous technology not yet within scope of regulatory

framework.

• In principle: not allowed.

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2.1 Private actors & Product safety (3)

• Exemptions for new technologies:

• MS may grant approval for new technologies, pending

authorisation by the EC;

• EC shall, upon granting an exemption, “immediately take

the necessary steps to adapt the separate directives or

regulations concerned to technological developments”.

www.caaai.eu

2.1 Private actors & Product safety wrap-up

• Private actors may play a key role:

• Currently no European (CE) NORMS for AICs

• All relevant actors (car manufacturers, distributors,

consumers etc) may be involved

• There is a sound basis in ISO-norms

• Autonomous Intelligent technology not in

scope of approval regulations

• Manufacturers can initiate type-approval(!)

www.caaai.eu

2.1 Private actors & Product safety wrap-up (2)

• Private actors may play a key role:

• Currently no European (CE) NORMS for AICs

• All relevant actors (car manufacturers, distributors,

consumers etc) may be involved

• There is a sound basis in ISO-norms

• Autonomous Intelligent technology not in

scope of approval regulations

• Manufacturers can initiate type-approval(!)

www.caaai.eu

2.2 Private actors & Information privacy

• AIC tracing technology:

• Can prevent accidents

• Helps assessing liability questions

• Contributes to reduction in CO2 emissions; fuel use

• Types:

• Event Data Recorders

• Vehicle-to-vehicle communication

• Vehicle-to-infrastructure communication

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2.2 Private actors & Information privacy (2)

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2.2 Private actors & Information privacy (3)

• Applicable regulatory framework:

• Data Protection Directive (1995)

• General Data Protection Regulation (forthcoming 2016?)

• Privacy issues:

• Tracing technology will process personal data on a large

scale

• Location data; audiovisual recordings

• PD may only be processed „fairly and lawfully‟

for specified explicit, legitimate purposes

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2.2 Private actors & Information privacy (4)

• Adequate protection measures

• Must be taken to prevent loss, alteration and unauthorized

access

• GDPR lists a few

• Pseudonymization; back-up and restore facilities;

• GDPR also states that

• Adherance to approved Codes of Conduct and/or approved

certification mechanisms may illustrate conformity with the

data protection rules…

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2.2 Private actors & Information privacy (5)

• Codes of conduct

• Are encouraged “taking account of specific features of the

various data processing and the specific needs of micro,

small and medium sized enterprises”

• Can be drafted by “associations, other bodies […] of

controllers or processors”

• May be approved, registered and published by a supervisory

authority;

• EDPB may advise the EC for deciding on general validity in

the EU

• Similar regulation of “certification” mechanisms.

www.caaai.eu

2.2 Private actors & Information privacy (7)

• Recent developments

• DE: Data Protection Principles for Connected Vehicles

• Drafted by private actors in the “Verband der

Automobilindustrie”

• Similar EU-initiative: ACEA Principles of Data Protection in

Relation to Connected Vehicles and Services

• Time will tell whether these will be approved…

www.caaai.eu

2.2 Private actors & Information privacy (8)

• Recent developments

• DE: Data Protection Principles for Connected Vehicles

• Drafted by private actors in the “Verband der

Automobilindustrie”

• Similar EU-initiative: ACEA Principles of Data Protection in

Relation to Connected Vehicles and Services

• Time will tell whether these will be approved…

www.caaai.eu

3. Conclusions

• Private actors are encouraged to play a prominent role!

• Product Safety:

• Draft AIC-specific norms

• Apply for EC-type approval of AIC-technology

• Information privacy:

• Draft Codes of Conduct for AIC TT processing

• Set up specific certification bodies

www.caaai.eu

r.w.debruin@uu.nl

Centre for Access to and Acceptance of Autonomous Inteligence (CAAAI)

Centre for Intellectual Property Law (CIER), Molengraaff Institute – Utrecht University;

Mitopics B.V.

Any questions?

Thank you!