Guidelines 1/2020 on processing personal data in the context of connected vehicles and mobility related applications
Subparagraph 18.104.22.168 Information and rights of data subjects
111. Prior to the processing of personal data, the data subject shall be informed according to art. 13 GDPR, in a transparent and understandable way. In particular, he or she must be informed of the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period. In this last case, the EDPB recommends to adopt a pedagogic approach to emphasize the difference between raw data and the score produced on this basis, stressing that the insurer will only collect the result of the score where appropriate.
112. Where data are not processed inside the vehicle but by a telematics provider on behalf of the controller (the insurance company), the information could usefully mention that, in this case, the provider will not have access to data directly relating to the identity of the driver (such as names, licence plates, etc.). Also, considering the importance of informing data subjects as to the consequences of processing of their personal data and the fact that data subjects should not be taken by surprise by the processing of their personal data, the EDPB recommends that data subject should be informed of the existence of profiling and the consequences of such profiling even if it does not involve any automated decision-making as referred to in art. 22 GDPR.
113. Regarding the right of data subjects, they shall be specifically informed of the available means to exercise his or her right of access, rectification, restriction and erasure. Since, raw data collected in this context are provided by the data subject (through specific forms or through his or her activity) and processed on the basis of art. 6 (1) (b) GDPR (performance of a contract), the data subject is entitled to exercise his or her right to data portability. As emphasized in the guidelines on the right to data portability, the EDPB strongly recommends, “that data controllers clearly explain the difference between the types of data that a data subject can receive through the rights of subject access and data portability”.
114. The information can be provided when the contract is signed.