The EU regulatory framework on liability and privacy can be optimized to facilitate the development and deployment of Autonomous Intelligent Cars. Presentation for the UCAL (Utrecht University) Conference Law in the Risk Society on April 9-10 2015. On behalf of the Utrecht Centre for Access to and Acceptance of Autonomous Intelligence (UU), and Mitopics B.V. Gouda.

1. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
Risks and opportunities in
Autonomous Intelligent Cars:
Liability & Privacy
*
Roeland de Bruin LL.M.
Centre for Access to and Acceptance of Autonomous Inteligence (CAAAI)
Centre for Intellectual Property Law (CIER) – Centre for Regulation and Enforcement in Europe
(RENFORCE) – Utrecht University & Mitopics B.V.

2. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
Outline
1. Autonomous Intelligent Cars
2. Risk society: Incentives for development &
acceptance
3. Liability for AIC
1. Non-harmonized: Liability for motor vehicles
2. Harmonized: Product Liability
4. AIC-tracing technology: a promise?
1. Privacy issues
5. Opportunities and discussion

3. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
1. Autonomous Intelligent Cars

4. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
1. Autonomous Intelligent Cars

5. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
1. Autonomous Intelligent Cars
• Cars
• Wheeled, self-powered motor vehicles used for transportation
• 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
• Ultimately: “vehicles capable of perceiving data and information, that are
able to learn, and make decisions based on their ‘experience’, without direct
human intervention or instruction, used for transportation of persons and
goods.”

6. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
1a: Autonomy spectrum
Cited from Pawsey & Nath, “Autonomous Road Vehicles”, POSTNote 2013
www.parliament.uk/briefing-papers/post-pn-443.pdf

7. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
1a: Autonomy spectrum
Cited from Pawsey & Nath, “Autonomous Road Vehicles”, POSTNote 2013
www.parliament.uk/briefing-papers/post-pn-443.pdf

8. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
2. Risk society:
Incentives for development & acceptance
KMPG:
“technology could provide
solutions to some of our
most intractable social
problems — the high cost
of traffic crashes and
transportation
infrastructure, the millions
of hours wasted in traffic
jams, and the wasted
urban space given over to
parking lots, just to name
a few.”
• EC: AIC will contribute to growth
• Development is beneficial to
competitiveness on the global market
• AIC will contribute to road safety
• AIC will lead to a decrease in CO2-
emission
• AIC will enable mobility for disabled
citizens

9. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
2. Incentives, however
Sugg. Green Paper
ELS-issues in
Robotics;
CAAAi – Mapping the
Framework for the
sustainable
development of
Autonomous
Intelligent Systems in
Society ;
RoboLAW Report.
• EU regulatory framework is currently not
optimized for stimulating development
and deployment.
• Legal uncertainty forms an impediment
for industry and citizens
• Liability risks;
• Privacy risks;
• Contracting law;
• Intellectual Property;
• International public/private law;
• Et cetera

10. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
3. Liability for AIC
A Scenario
• AIC crashes into 3 bicyclists
• 3.00 AM
• Damage to bikes, car and cyclists
• Bicyclists ignored a red traffic light
• Car made a ‘wrong’ update to crash-avoidance
module, was not instructed to do so
• ‘Driver’ was sleepy
• How would the current EU-framework address
the liability question?

11. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
3.1 Non-harmonized: liability for motor vehicles
Directive 2009/103/EC
FR: Loi Badinter
NL: Wegenverkeerswet
UK: Negligence rules
• EU Harmonization
• Six directives on Insurance
• One is still in force
• EC attempted to harmonize liability for
motor vehicles in 2002
• 28 different approaches
• France: strict liability for drivers
• Netherlands: semi-strict liability for
owners/keepers vehicles
• UK: negligence rules for determining
liability

12. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
3.2 Harmonized: PLD
• (Semi) no-fault liability system
• Creating a ‘one stop shop’ for consumers to
seek compensation from producers for
• Damages to people and other goods
• Caused by defective products
• Defective:
• Products lacking safety
“which the public at a large is entitled to
expect”, taking all relevant circumstances
into account
• Despite exceptions

13. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
3.2 Interim observations
• Autonomy can prove a complicating factor in
determining causality
• In harmonized product liability
• Relation between accident and damage;
• Assessing contributory negligence
& in
• Non-harmonized regulations on liability for
motor vehicles (except France)
• NL: causality in the ‘other 50%’
• UK: assessing negligence/causality

14. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
4. AIC Tracing Technology, a promise?
AIC-tracing technology can aid in
assessing cause of an accident. Helps
assessing liability issues
• Black boxes;
• V2V/V2I communication.
http://www.autoinsuresavi
ngs.org/future-car-
technology-vehicle-
vehicle-v2v-
communications/

15. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
4.1 AIC-tracing & Privacy
Privacy
• Right to be left alone
• EU Harmonized; a.o.
• Dir. 95/46/EC, DPD
(Data Protection Directive)
Core values:
• Free movement of data
• Strict rules for processing data;
• Strong protection -> trust
-> adoption of new technology

16. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
4.1 AIC data: personal data?
DPD:
Personal data
• relating to a identified/identifiable natural
person
May only be processed
• all possible actions
Fairly and lawfully
• F.i. on a legal ground; with (unambiguous)
consent of the data-subject
For specified, explicit, legitimate purposes
AIC data can be personal
data.
Collecting, storing,
processing, deleting by
means of BB/V2I/V2V
by means of f.i. informed
consent
May not be used for
other/broader purposes
than specified

17. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
4.1 Adequate protection measures
Personal data:
• Need to be adequately protected against
loss, alteration and unauthorized
disclosure/access;
• May not be exported outside the EEA
whenever adequate protection cannot be
guaranteed.
• US/EU Safe Harbour Rules
Level of “appropriate
measures” not defined in
DPD -> left to co-
regulation in Member
States.
V2I/cloud storage of AIC-
data may be problematic.
Destination country not
always clear. US-
processing can be
problematic

18. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
4.1 General Data Protection Regulation
Regulatory framework is updated
• General Data Protection Regulation
• Will impose even stricter rules regarding data
processing
• With stronger enforcement measures:
• Non-EU processors of EU data subjects
directly in-scope
• Privacy authorities may impose fines up to >
5% annual worldwide turnover, or if higher:
€100 mln for non-compliance
• Liability towards data subjects for non-
compliant processing will be extended
• Stimulus for acceptance, hurdle for
development?

19. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
• Stimulating development & acceptance of AIC
• Promises: safety, accessibility, ecology,
economy
• Legal obstacles:
• Uncertainty :
• Applicable (harmonized) liability
rules;
• Not equipped to cope with autonomy
• AIC-tracing is ‘hindered’ by
uncertainty as to (new) privacy rules,
& strict privacy protection
•Regulatory framework of (a.o.) liability & privacy
is not yet optimal
• how to optimize?
5. Optimization opportunities

20. Centre for Access to and Acceptance of Autonomous Intelligence
An initiative of CIER/Utrecht University
www.caaai.eu
Thank you -
Discussion
*
r.w.debruin@uu.nl
Centre for Access to and Acceptance of Autonomous Inteligence (CAAAI)
Centre for Intellectual Property Law (CIER) – Centre for Regulation and Enforcement
in Europe (RENFORCE) – Utrecht University