ABSTRACT
New privacy challenges will arise from the introduction of Connected and Automated Vehicle (‘CAV’) technology. CAVs are expected to ‘drive’ by a system that receives and shares data from sensorised infrastructure. CAV data will be constantly communicated wirelessly and bi-directionally, including with other CAVs which are operating within a vehicular network. Consequently, there will be a significant increase in the volume of data that will be generated by both CAVs and the operational infrastructure. This increase raises significant legal questions about whether CAV data is personal or sensitive information under the Privacy Act 1988 (Cth). This is a threshold legal question because if CAV-related data does not fall into either of these categories, it may not be regulated by the Privacy Act 1988 (Cth).
One specific type of data that raises significant privacy concerns is CAV location data. This article examines the different jurisdictional approaches to classifying personal information in Australia, the European Union (‘EU’) and the United States (‘US’). CAV-generated location data is used as a case study to examine potentially different framings of personal information in the CAV context. It applies the different jurisdictional notions of personal information under the Privacy Act 1988 (Cth), the General Data Protection Regulation and the Californian Consumer Privacy Act to specified types of CAV-generated location data that are essential for operational purposes. Relevant jurisdictional case law, explanatory memoranda and policy guidance are used to formulate how different definitions would legally apply to the Australian CAV context. Following the application of different jurisdictional approaches, the article evaluates the additional protections that could be gained from an updated definition of personal information in the Privacy Act 1988 (Cth) and undertakes a comparative analysis of the benefits of regulating CAV data (in particular, CAV location data) under a comprehensive framework or by adopting industry-specific law reform. In conclusion, the paper considers which law reform framework would best ensure that Australia remains at the forefront of regulating CAVs and addressing the privacy challenges they will create.
Dunphy, Amy, Ensuring Location Data Privacy in Connected and Automated Vehicles (CAVs), (2024) 4 ANU Journal of Law and Technology (29 May 2024).
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