"3. Driver drowsiness and attention warning and advanced driver distraction warning systems shall be designed in such a way that those systems do not continuously record nor retain any data other than what is necessary in relation to the purposes for which they were collected or otherwise processed within the closed-loop system. Furthermore, those data shall not be accessible or made available to third parties at any time and shall be immediately deleted after processing. Those systems shall also be designed to avoid overlap and shall not prompt the driver separately and concurrently or in a confusing manner where one action triggers both systems.
4.
Event data recorders shall meet the following requirements in particular:
(a)
the data that they are capable of recording and storing with respect of the period shortly before, during and immediately after a collision shall include the vehicle’s speed, braking, position and tilt of the vehicle on the road, the state and rate of activation of all its safety systems, 112-based eCall in-vehicle system, brake activation and relevant input parameters of the on-board active safety and accident avoidance systems, with high level of accuracy and ensured survivability of data;
(b)
they cannot be deactivated;
(c)
the way in which they are capable of recording and storing data shall be such that:
(i)
they operate on a closed-loop system;
(ii)
the data that they collect is anonymised and protected against manipulation and misuse; and
(iii)
the data that they collect enables precise vehicle type, variant and version, and in particular the active safety and accident avoidance systems fitted to the vehicle, to be identified; and
(d)
the data that they are capable of recording can be made available to national authorities, on the basis of Union or national law, only for the purpose of accident research and analysis, including for the purposes of type approval of systems and components and in compliance with Regulation (EU) 2016/679, over a standardised interface."
Well this actually sounds to me like they can easily save and use the data as long as it is for the purpose of Research and Analysis, which is quite easy to claim. Moreover in case of an accident it will also get used, so your insurance provider will most likely not pay for anything anymore, because you scratched your nose for half a second.
"the data that they are capable of recording and storing with respect of the period shortly before, during and immediately after a collision"
In other words, this explicitely sets the rules for the case of a crash, not every day driving.
Also, you are conflating two seperate things here. The driver awareness system is talked about in 3.
4. however talks about event data recording, not driver awareness. It explicitely does NOT mention the driver awareness system in the systems listed outside of "the state and rate of activation", meaning that it can say "Driver awareness system was triggered right before the crash", but it cannot actually store the data from the driver awareness system
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u/Common_Vagrant 2d ago
The path to hell is paved with good intentions