Big Data Trading Legitimacy Is a Subject of Unfailing Interest. Interview with Ekaterina Larens, Lawyer at Clifford Chance CIS Limited
“Information about the physical entities who bear personal data are to be processed only with consent of personal data subject,” Ekaterina Larens, Senior Lawyer at Clifford Chance CIS Limited, states. How does it work in practice?
Connected Car Conference talked to Ekaterina in order to discover legal aspects of big data regulation in the transport sector.
Interviewer: Connected Car Conference (CCC)
Respondent: Ekaterina Larens (E.L.)
CCC: Reportedly, connected cars can collect any information about a physical entity. Is it possible? Advise us as an expert on what car software developers can find out about vehicle owners.
E.L.: Software developers can obtain various information about a car owner. It depends largely on the kind of software installed in the vehicle.
Speaking about car sharing, physical entities provide a huge set of personal data when concluding the user agreement. Afterwards, a car sharing service obtains an additional range of private information, analyzing where car users temporary park, leave the car, and how frequently they violate the traffic rules.
This information allows car sharing services to create an authentic profile of car users.
CCC: Does the legislation of the Russian Federation limit the access to drivers’ personal data for vehicle operators and manufacturers?
E.L.: Private data processing, including disclosure of personal data, is regulated by the Russian legislation. There are two ways to receive the access to drivers’ data: personally from them and from third parties.
If operators and manufacturers process private data or get the access from third parties without adhering to the certain requirements, it will be contrary to laws.
CCC: How can car manufacturers turn data against drivers? How to avoid similar situations?
E.L.: The simplest example of such a malpractice is providing information about the amount of accidents faced by drivers to insurance companies. Obviously, receiving the following information, insurers can increase the rates.
CCC: How have the Civil Code amendments affected the data exchange regulation?
E.L.: In my opinion, the Civil Code amendments have not addressed critical issues related to database regulation. Although one has adopted Article 783.1 of the Civil Code, it just specifies that the agreement may stipulate the data provision and the obligation of one or all parties to refrain from activities for a definite term until this information may be disclosed. Unfortunately, there is no correlation between this article and the private data law.
CCC: Is it legal to trade vehicle big data? If so, under what circumstances?
E.L.: This question is a subject of unfailing interest. The current legislation does not contain the definition of big data.
Information about physical entities who bear personal data are to be processed only with consent of personal data subject, except for circumstances where such processing is conducted in accordance with the stated goal or falls under the exemptions stipulated by the laws.
CCC: Tell us about your presentation at Connected Car Conference. What issues will you focus on at the conference?
E.L.: Besides above-mentioned issues, I will highlight the application of smart contracts in agreements with car sharing companies and the potential of blockchain technology in transport agreements.