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On May 12, the State Internet Information Office issued a notice on "several regulations on Automobile data Safety Management (draft for soliciting opinions)" for public consultation.

The content points out that in order to strengthen the protection of personal information and important data, standardize automobile data processing activities, and safeguard national security and public interests, in accordance with laws and regulations such as the Cyber Security Law of the people's Republic of China, the State Internet Information Office, together with relevant departments, drafted several provisions on Automobile data Security Management (draft for soliciting opinions), which is now open to the public for comments.

There are several points worth paying attention to in this regulation. The opinion draft clearly points out that operators shall abide by the requirements of relevant laws and regulations and these provisions when collecting, analyzing, storing, transmitting, querying, utilizing, deleting and providing (hereinafter collectively referred to as processing) personal information or important data in the process of designing, producing, selling, operating and managing vehicles within the territory of the people's Republic of China.

The draft also mentions that operators should obtain the consent of the person being collected when collecting personal information, except where it is not required by laws and regulations. In practice, it is difficult to achieve (such as collecting audio and video information outside the car through a camera), and if it is really necessary to provide, it should be anonymized or desensitized, including deleting pictures that can identify natural persons, or locally outline the faces in these pictures, and so on.

In addition, operators collect and provide sensitive personal information outside the vehicle, including vehicle location, audio and video of drivers or passengers, as well as data that can be used to judge illegal driving, it should meet six major requirements: for the purpose of directly serving drivers or passengers, including enhancing driving safety, auxiliary driving, navigation, entertainment, etc. The default is not to collect, and the authorization should be obtained from the driver every time, and the authorization will automatically expire after the end of the driving (the driver leaves the driver's seat); inform the driver and the passenger that sensitive personal information is being collected through the display panel or voice in the car; the driver can terminate the collection at any time and conveniently; allow the owner to view and structurally query the collected sensitive personal information. When the driver asks the operator to delete it, the operator should delete it within 2 weeks.

Generally speaking, the "opinion draft" advocates that operators do not collect user data by default, each collection requires the consent of the driver, and the driver's consent authorization is only valid for this driving. If collection is really necessary, the principles of anonymization, desensitization, minimum preservation period and precision range should be adhered to. In addition, the "opinion draft" requires that personal information or important data should be stored in China in accordance with the law, and if it really needs to be provided abroad, it shall pass the data exit security assessment organized by the state Internet communication department.

It should be noted that the operators in the "opinion draft" not only refer to automobile manufacturers, but also include parts and software providers, dealers, maintenance agencies, ride-hailing companies, insurance companies and so on. Personal information not only refers to the information of the driver, but also includes car owners, passengers, pedestrians, etc., as well as all kinds of information that can infer personal identity and describe personal behavior.

In response to the notice issued by the Internet Information Office on "several regulations on Automobile data Safety Management (draft for soliciting opinions)" for public consultation, many netizens expressed support. As most of the models sold on the market are equipped with cameras, radar and other sensor devices, information will be constantly collected in the daily use of vehicles to improve the operation of intelligent systems and promote self-driving technology. but invisibility also brings a lot of privacy and information security concerns.

Although the designation of these provisions does not refer only to automakers, Tesla can be said to be the promoter of these provisions. Earlier, a hacker god extracted the footage taken by the camera in Tesla's car and uploaded it to social media. From the released video, the camera in the car can clearly see the movements, postures and facial expressions of the drivers and passengers in the car, but the details of the operation cannot be recorded.

After the Tesla rights incident at the Shanghai auto show on April 19, Tesla released the driving data one minute before the accident. The parties thought that Tesla's move violated the right to privacy and asked Tesla to withdraw the data and apologize. Some people in the industry believe that the "frame number" in the driving data released by Tesla is indeed related to the personal privacy of car owners.

The reason why Tesla caused data security concerns in China, Tesla collected driving data are directly transmitted to the United States, on the one hand, question the confidentiality of user data, on the other hand, it may bring hidden dangers to national security.

Tao Lin, vice president of Tesla, said previously: data collected in China will strictly abide by China's laws and regulations on data management and achieve local storage. In response, Tesla retweeted Weibo in response: we support and respond to the development of the industry to further standardize, and jointly promote technological innovation. You are welcome to actively make suggestions and suggestions to the relevant departments to promote the healthy and orderly development of the automobile industry.

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