The discussion "Who owns the data?" in industrial insurance is not only intensively discussed between insurers, brokers and companies. The current discussion in the private motor insurance market shows the challenges that digitalisation poses for everyone involved.
Cars are becoming more and more connected to the digital world. This not only brings advantages and convenience for the user, but also leads to an increased volume of data. So far it is not clear who owns this data and who can access it. An international initiative is currently underway to ensure that car manufacturers do not establish a data monopoly and that insurers also have access.
Data should be transmitted independently of each other
Insurers are particularly interested in accident data and need easy and practical access to relevant vehicle data. However, insurers may not simply collect data for themselves. Instead, an administrator is to be used to transmit data to authorised persons such as lawyers, insurers and other experts. Allianz Insurance states that neither car manufacturers nor insurers or other stakeholders should have exclusive access. According to the German Insurance Association (GDV), an "independent data trustee" should be appointed according to the principles of § 63a StVG in order to avoid this unsatisfactory result.
When does autonomous driving begin?
The corresponding paragraph states that vehicle owners must transmit the data stored in the vehicle if this is necessary for the satisfaction, assertion or defence of legal claims. For automated vehicles in particular, there is a need to record exactly when the driver has control and when the computer assumes driving responsibility. At present, the regulation only applies to data storage during a high or fully automatic journey, so that exactly where the border falls remains questionable. Strictly speaking, many vehicles would already be affected, and even automatic parking can be regarded as autonomous driving.