Guidelines 1/2020 on processing personal data in the context of connected vehicles and mobility related applications

Section 2.10  Use of in-vehicle Wi-Fi technologies

98. Advances in cellular technology have made it possible to easily use the Internet on the road. While it is possible to get Wi-Fi connectivity in a vehicle through a smartphone hotspot or a dedicated device (OBD-II dongle, wireless modem or router, etc.), most manufacturers offer nowadays models that include a built-in cellular data connection and are also capable of creating Wi-Fi networks. Depending on the case, various aspects must be considered:

• − The Wi-Fi connectivity is offered as a service by a road professional, such as a taxi driver for its customers. In this case, the professional or his/her company might be considered as an internet service provider (ISP), hence be subject to specific obligations and restrictions regarding the processing of his / her clients’ personal data.

• − The Wi-Fi connectivity is put in place for the sole use of the driver (at the exclusion of and its passengers. In this case, the processing of personal data is considered to be purely personal or household activity.

99. In general, the proliferation of Internet connection interfaces via Wi-Fi poses greater risks to the privacy of individuals. Indeed, through their vehicles, users become continuous broadcasters, and can therefore be identified and tracked. In order to prevent tracking, easy to operate opt-out options ensuring the service set identifier (SSID) of the on-board Wi-Fi network is not collected must therefore be put in place by the vehicle and equipment manufacturers.