On March 6, the Chongqing delegation to the Second Session of the 14th National People's Congress held a group meeting to continue to review the work report. The picture shows Zhu Huarong (middle), a representative of the National People's Congress, putting forward suggestions on the development of new energy vehicles. Photo by reporter Su Si Visual Chongqing.
With the development of the automotive industry from "hardware-led" to "software-defined", automobiles are no longer a simple travel tool for users, but are undergoing a change in the attributes of products from "single industrial products" to "new digital intelligent space". The property rights of the data generated during the use of intelligent networked vehicles need to strike a balance between personal information protection, marketization of data elements and the protection of data. During the two sessions, Zhu Huarong, deputy to the National People's Congress, secretary of the Party Committee and chairman of Changan Automobile, suggested improving the legislation on the property rights of automobile data.
At present, the state has promulgated laws and regulations such as the Several Provisions on the Security Management of Automotive Data (for Trial Implementation) (hereinafter referred to as the Data Security Regulations), the Personal Information Protection, and the Opinions on Building a Basic Data System to Better Play the Role of Data Elements (hereinafter referred to as Article 20 of the Data Rules), which have established some general provisions on personal information protection and data property rights.
Although there are relevant laws and regulations, the boundaries of non-personal information in car data are still relatively vague and the ownership is not clear. Zhu Huarong said, for example, the data security regulations only clarify that some car data is personal information, but do not clarify the nature of other data; The Personal Information Protection** clearly stipulates that anonymized information is not personal information, and does not clarify whether the anonymized data can be used by OEMs. At the same time, these laws and regulations do not clarify the scope and ownership of non-personal information in car data.
He believes that the blurred boundaries and unclear ownership of non-personal information related to intelligent networked vehicles will not be conducive to the protection of personal information, and at the same time, it will lead to inconvenience for car companies to legally and fully process and use relevant data, which is not conducive to the intensive transformation of relevant data from "data fragmentation" to "data granary", and is not conducive to the improvement of quality and efficiency of the development of technology and automobile industry.
To this end, Zhu Huarong suggested that China should clarify the boundaries of personal information in automobile data, such as the working condition data of the vehicle itself and its parts, and data related to the external environment such as roads and weather, which cannot identify specific individuals and should not belong to the category of personal information; However, the correlation between different data and individuals in vehicle control data and application service data is very different, which needs to be further clarified from the legislative level.
At the same time, he suggested that the provisions on the property rights of automobile data should be refined, and the right to hold resources, process and use data, and operate data products should be implemented by car companies. He also suggested that the data property rights rules for the separation of data resource ownership, data processing and use, and data product operation rights stipulated in data article 20 should be further implemented in the automotive industry, so as to promote data resourceization, assetization, and capitalization.