UDRIVE D13.1 Legal Recommendations on Study Participants' Agreements

Kurzfassung

The UDRIVE project intends to carry out a Naturalistic Driving Study (NDS) which is not meant to evaluate certain technical functions or in-vehicle prototype systems but it focuses on naturalistic driving in public traffic. It is intended to collect and process video data by means of cameras installed in the study vehicles. So the UDRIVE project will include the collection and processing of data referring to the driver, possibly referring to passengers in the vehicle and possibly referring to other road users outside the study vehicle. The issues legally relevant for study execution (data privacy, criminal law, liabilities, ethical approval – if applicable) are not only subject to EU legislation but still are subject to national legislation and, accordingly, will differ to some degree between the EU Member States. Work Package (WP) 1.3 called “Recommendations on Legal Issues” and has elaborated recommendations specifically focussed on those legal areas that should be addressed by an agreement with the study participants, thereby leaving it open how this should be done in detail. Therefore, WP 1.3 has included the identification of subject matters to be regulated in the respective agreements as well as recommendations concerning the contents of those agreements. The latter had to take into account the aspect that the details of the respective national legislations of the Operation Sites (OS) may vary and differ considerably. Consequently, the recommendations cannot cover the different national legal specifics in detail. Hence, before data collection starts, it is recommended to consider and adapt the issues identified at the level of OS, taking into account the specific features of the respective national legislation. It is thereby recommended to involve legal experts at national level. The document at hand prepares the legal issues of relevance for participant agreements by combining knowledge on the technical and legal context. This will allow for speedy adaptation to national specifics. It is pointed out that not all legal issues that might occur in the UDRIVE project can be addressed by means of participants´ agreements. Other legal issues need be taken care of independently during project execution.