Privacy policy for the processing of video and image data in the context of test drives for research, development and testing of iMotion Automotive GmbH (“iMotion”) for driving assistance systems, automated driving, driving functions and other services.
The protection of personal data is our top priority and is taken into account in all our business processes. In the following data protection notices, data subjects will receive an overview of the processing of personal data by iMotion in connection with the processing of video and image data as part of iMotion research, development and testing processes on driving assistance systems, automated driving, driving functions and other services.
We would like to inform the data subjects below about the collection of their personal data within the meaning of Art. 13 and 14 of the General Data Protection Regulation (GDPR):
List of contents
1. Who does this Privacy Notice apply to?
2. Who is responsible for the processing of the data and who can be contacted by data subjects regarding data protection?
3. Where does the data come from and what data is processed?
4. What is the data used for (purpose of processing) and on what basis (legal basis) is this happening?
5. Will the data be shared?
6. Will the data be transferred to a third country?
7. Is automated decision-making taking place?
8. How long will the data be stored?
9. What rights do data subjects have with iMotion?
1. Who does this Privacy Notice apply to?
Here we inform data subjects about the protection of personal data in the collection, processing and storage of video and image data of the public transport area. This data is collected by specially designated test vehicles of iMotion for conducting research, development and testing in the fields of driving assistance systems, automated driving, driving functions and other services. This data processing is potentially affecting who is in the vicinity of one of the marked test vehicles during testing operations.
2. Who is responsible for the processing of the data and who can be contacted by data subjects regarding data protection?
We, the
iMotion Automotive GmbH
Turmstraße 5,
78467 Konstanz, Germany
Tel.: +49 75311272652
E-Mail: info@imotion.ai
are the “Controller” responsible for data collection/processing within the meaning of the GDPR.
You can contact our Data Protection Officer at:
Externer Datenschutzbeauftragter der iMotion Automotive GmbH
c/o TÜV SÜD Akademie GmbH
Westendstraße 160
80339 München
E-Mail: Datenschutz@imotion.ai
3. Where does the data come from and what data is processed?
Within the scope of the above-mentioned research, development and testing processes, marked test vehicles move in the public transport area. The vehicles are equipped with camera systems. These systems collect, process and store video and image data from the vehicle environment for the purposes described in Section 4 of this Privacy Policy.
This data may also contain the following personal information, depending on the individual case:
- Faces, other characteristics and behaviour and environment of road users and other persons in the vicinity of the test vehicles
- License plates, other characteristics and surroundings of vehicles and other objects in the vicinity of the test vehicles
- GPS position and timestamp of data acquisition
iMotion has taken measures to manage the collection, transfer, and use of personal data in a safe manner. These measures include IT infrastructure, data-handling processes and staff training. Wherever possible, we apply data anonymization, i.e., we remove personal information from images and videos by blurring out faces and license plates before analyzing them. We only collect data which is directly required for the research activities mentioned above. Access to the raw data is restricted to a small number of people in the office of iMotion Automotive GmbH.
4. What is the data used for (purpose of processing) and on what basis (legal basis) is this happening?
The purposes of this data processing are research, development and testing in the areas of driving assistance systems, automated driving, driving functions and other services, including documentation of these processes and fulfilment of other downstream obligations.
Driving assistance systems and driving functions already serve to increase road safety, but also comfort, in today's vehicles. In future automated and autonomous vehicles, technical systems for the perception and management of traffic and environmental situations enable such vehicles to participate in public transport in a compliant and safe manner. Other services make it possible to make means of transport, traffic and traffic systems safer, more efficient and more comfortable.
Research, development and testing of such systems require their use in test vehicles under real environmental and traffic conditions - also in public transport areas - including the collection, processing and storage of video and image recordings during and after these operations. Using these materials, technical systems for the perception and classification of road users, vehicles, infrastructure and other objects in the context of traffic and environmental situations are researched, developed and tested.
In the context of data processing, persons, vehicles, other objects are analyzed, classified and further processed only as "objects" in the context of traffic and environmental situations; e.g. as "pedestrian on the right side of the road", "car on junction", "siren signal behind the vehicle". A name or other personal identification of captured persons or an assignment of captured vehicles or objects to such identified persons is therefore neither necessary nor provided for in the course of the carried out processing and in most cases also not possible. Furthermore, as described in the previous section, data anonymization is applied to the collected images and videos, wherever possible.
In the image below you may see the sample as the result of anonymization.
The primary legal basis for processing is the "protection of legitimate interests" in accordance with Article 6(1) p.1 lit. f GDPR. iMotion has a legitimate interest to carry out research, development and testing on driving assistance systems, automated driving, driving functions and other services.
The conflicting interests, fundamental rights and freedoms of the persons concerned do not predominate, since an identification of individual data subjects is neither necessary nor provided for and in most cases not possible. In addition, technical and organisational measures are taken to ensure data protection-compliant processing of the collected data.
5. Will the data be shared?
iMotion passes on raw data only to Tencent Cloud for the purpose of anonymization. The raw data will be purged immediately after anonymization. Only anonymized data will be kept for the further use.
Tencent Cloud do not use the video and images data to identify individuals, and only perform anonymization according to iMotion's data processing instructions.
6. Will the data be transferred to a third country?
Raw data will not be transferred outside of EU.
7. Is automated decision-making taking place?
An automated decision in individual cases or profiling within the meaning of Article 22 GDPR do not take place.
8. How long will the data be stored?
We keep the collected data in a secure environment for the time necessary to achieve the purpose for which it was collected but no longer than 6 months from collection date.
9. What rights do data subjects have with iMotion?
Our test vehicle is equipped with stickers to notify data subjects that their images might be captured by the test vehicle. The stickers also provide QR code on how to access this privacy notice issued by iMotion, as well as more information about the purpose of the data collection and how the data is processed. In the context of the processing of personal data, data subjects are entitled to the following rights. Please also note the relevant special instructions regarding the exercise and limitations of these rights within the scope of the processing described here.
Special information on
the exercise of the rights of the data subjects:
In the present case,
this is a 'processing which does not require the identification of the data
subject' under Article 11 GDPR. Beyond the recorded video and image data,
generally no additional identification characteristics of data subjects are
processed.
The exercise and fulfilment of the rights of the data subjects will therefore - depending on the individual case - often require further information from the data subject to process his/her request, in particular information on LOCATION ,TIME or/and other additional information for which the person may have been affected by the processing (i.e. Information on when and where you were specifically in the vicinity of one of the test vehicles). This additional information may be necessary to determine whether a specific person is affected by the processing at all and to be able to actually fulfil the following rights such as information, deletion, etc.
- Right of access: Data subjects have the right to request information as to whether personal data concerning them is processed by us. Insofar as data is processed, data subjects have the right to information about these data as well as to information on the modalities of processing in accordance with Article 15 GDPR.
- Right to rectification of inaccurate data: Data subjects have the right to request from us the correction of personal data concerning them. For video, image and audio data this right can usually only be implemented by deletion.
- Right to erasure: Data subjects have the right to request from us the deletion of personal data concerning them.
- Right to restriction of processing: Data subjects have the right to request a restriction of the processing of their data.
- Right to object: Affected parties have the right to object to the processing of their personal data.
- Right to complain to a supervisory authority: iMotion takes your concerns and rights very seriously. However, if you believe that we have not responded in an appropriate manner to your complaints or concerns, you have the right to lodge a complaint with your local data protection authority.
If you are a data subject of the above mentioned data processing and would like to exercise any of your rights or receive more information about it, please contact:
iMotion
Automotive GmbH
Address: Turmstraße 5, Konstanz,
Germany
E-Mail: jayson.chen@imotion.ai (subject: Test drive)
Postcode:78467
Update log:
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