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The Investigatory Powers Act 2016 and Connected Vehicles: A New Form of Panspectric Veillance Looming?

White, Matthew; Ferris, Katy; Marson, James

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Authors

Matthew White

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KATY FERRIS Katy.Ferris@nottingham.ac.uk
Associate Professor

James Marson



Abstract

Connected and autonomous vehicles (CAVs) currently exist in varying states of readiness to, at one end of the spectrum, assist the driver in normal driving activities and at the other operate in fully autonomous mode, requiring no driver input at all. In facilitating these features, CAVs create, give access to, and allow communication of the data produced. The further along the autonomous scale CAVs progress, the greater the data generated, which are being harvested by original equipment manufacturers (OEMs), often unwittingly by the end user. The operation of the Investigatory Powers Act 2016 gives government agencies power to compel the retention and access to these data. Here we argue that the definitions within the Act result in CAV OEMs being subject to retention notices of the data generated by these vehicles. This issue, its extent and potential for abuse, and the lack of protection for those associated with the use of CAVs, hitherto unexamined in the legal academic literature, is the focus of this paper.

Citation

White, M., Ferris, K., & Marson, J. (2023). The Investigatory Powers Act 2016 and Connected Vehicles: A New Form of Panspectric Veillance Looming?. Statute Law Review, 44(1), Article hmac004. https://doi.org/10.1093/slr/hmac004

Journal Article Type Article
Acceptance Date Feb 6, 2022
Online Publication Date Apr 26, 2022
Publication Date Apr 1, 2023
Deposit Date Feb 9, 2022
Publicly Available Date Apr 27, 2024
Journal Statute Law Review
Print ISSN 0144-3593
Electronic ISSN 1464-3863
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 44
Issue 1
Article Number hmac004
DOI https://doi.org/10.1093/slr/hmac004
Keywords Breach of human rights; Communications data; Connected and autonomous vehicles; Investigatory Powers Act 2016; Privacy, Retention notices
Public URL https://nottingham-repository.worktribe.com/output/7412591

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