Data protection notices for the processing of video, image and audio data as part of test drives for research, development and testing by Daimler Truck AG on driver assistance systems, automated driving, driving functions and other services.

The protection of personal data is our highest priority and is taken into account in all our business processes. The following data protection notices provide data subjects with an overview of the processing of personal data by Daimler Truck AG in connection with the processing of video, image and audio data as part of Daimler Truck research, development and testing processes for driving assistance systems, automated driving, driving functions and other services. Personal data means any information relating to an identified or identifiable natural person.

With this data protection notice, we inform data subjects about the type, scope and purpose of the processing of personal data and how we handle this data as part of the above-mentioned research, development and testing processes. In addition, data subjects are informed of their rights with regard to the processing of personal data.

1. To whom does this data protection notice apply?
In this document, we inform data subjects about the protection of personal data when recording, processing and storing video, image and audio data in and from public traffic and – to the extent permitted by other law – on private plant, test and other premises. This data is collected by specially marked test vehicles of Daimler Truck AG for the purpose of carrying out research, development and testing in the context of driving assistance systems, automated driving, driving functions and other services. Any person in the vicinity of one of the marked test vehicles during test operation is potentially affected by this data processing.

2. Who is responsible for the processing of the data and who can data subjects contact regarding data protection?
The responsible body for the processing of personal data described below and contact for data protection issues is: 

Daimler Trucks AG
HPC DTF2B 
707745 Leinfelden-Echterdingen
Germany
E-mail: dataprivacy@daimlertruck.com (Subject: Truck Driver Testing/Automated Plant Traffic)

3. Where does the data come from and what kind of data is processed?
As part of the above-mentioned research, development and testing processes, marked test vehicles take part in public traffic and – to the extent permitted by other law – on private plant, test and other premises. The vehicles are equipped with camera systems featuring different detection directions, focal lengths and sensor technologies, as well as, in some cases, with exterior microphones and other sensor systems. These systems collect, process and store video, image and audio data from the vehicle environment for the purposes described in section 4 of this data protection notice.

Depending on the individual case, this data may also contain the following personal information:

• Faces, other characteristics as well as behaviour and environment of road users and other persons in the vicinity of the test vehicles 
• Licence plates, other features and surroundings of vehicles and other objects in the vicinity of the test vehicles
• Audible information from the area around the test vehicles
• Additional data from other sensor systems (such as radar, LIDAR) as well as GPS position and time stamp of data acquisition

4. What is the data used for (purpose of processing) and on which basis (legal basis) is the data used?
The purposes of this type of data processing are research, development and testing in the context of driver assistance systems, automated driving (including automated plant traffic), driving functions and other services, including documentation of these processes and fulfilment of other downstream obligations.

Driving assistance systems and driving functions are already used in current vehicles to increase road safety in particular, but also comfort and convenience. In future automated and autonomous vehicles, technical systems for perceiving and managing traffic and environmental situations will enable the compliant and safe participation of such vehicles in public traffic. Other services make it possible to make means of transport, traffic and transport systems safer, more efficient and more convenient.

For the purposes of research, development and testing of such systems, they must be used in test vehicles under real environmental and traffic conditions – including in public traffic – and including the recording, processing and storage of video, image and audio recordings during and after these operations. This data is used to research, develop and test technical systems for the recognition and classification of road users, vehicles, infrastructure and other objects in their surroundings and in the context of traffic situations.

Persons, vehicles, other objects and audio information are only analysed, classified and further processed as "objects" in their surroundings and in the context of traffic situations as part of the data processing; i.e. as "pedestrians at the right edge of the road", "cars at a crossroads", "Emergency services signal behind the vehicle", for example. Named or other personal identification of recorded persons or assignment of recorded vehicles or objects to such identified persons is therefore neither necessary nor planned within the scope of the processing carried out, and is usually also not possible. However, since the required raw data consists of video, image and audio material, the identifiability and identification of persons cannot be excluded.

The primary legal basis for processing is the "protection of legitimate interests" pursuant to Art. 6 Paragraph 1 p.1 lit. f GDPR. The legitimate interest of Daimler Truck AG here is the research, development and testing on driver assistance systems, automated driving, driving functions and other services.

The conflicting interests, fundamental rights and fundamental freedoms of data subjects do not prevail, as the identification of individual data subjects by name or other personal identification is neither necessary nor intended and is usually not possible. Technical and organisational measures are also taken to ensure that the data collected is processed in accordance with data protection regulations.

5. Is the data disclosed (to third parties)?
Daimler Truck AG only discloses this data to cooperation partners, processors or third parties within the scope of the purpose limitation under data protection law. Disclosure will only take place insofar as it is permitted on the basis of legal provisions and/or official or court orders or if the legitimate interest involves the third party.

Categories of recipients to whom data may be disclosed to in the context of processing within the context of this document are in particular:

• Group-internal and external cooperation partners of Daimler Truck AG as part of research and development processes
• Suppliers as part of research and development processes
• Other processors (in particular IT service providers and service providers for data processing/data evaluation)

If disclosure to recipients in third countries takes place as part of the research, development and testing processes or downstream processing, this will only take place following an adequacy decision in accordance with Art. 45 GDPR, on the basis of appropriate safeguards as per Art. 46 GDPR or if permitted by other law.

6. Is decision-making automated?
There is no automated decision-making in individual cases or profiling as per Art. 22 GDPR.

7. How long will the data be stored?
The video, image and audio data will be processed and stored for as long as necessary for the above-mentioned research, development and testing processes. If there is a further legal basis or a further legitimate interest for further storage and processing (e.g. for the proper documentation of the aforementioned processes, due to legal retention obligations or other legal requirements), the data will be stored for a correspondingly longer period.

8. What rights do data subjects have in relation to Daimler Truck AG?
As part of the processing of personal data, data subjects have the following rights. With regard to the exercise and restrictions of these rights in the context of the processing described here, please also observe the respective special notes on this.

Special notes on exercising the rights of data subjects:
This data protection notice relates to processing for which identification of the data subject is not required in accordance with Art. 11 GDPR. Beyond the recorded video, image and audio data, no additional identification characteristics of data subjects are regularly processed.

The exercise and fulfilment of data subject rights will therefore often require further information from the data subject – depending on the individual case – in particular information about the LOCATION and TIME at which the data subject may have been affected by the processing (i.e. information about when and where you were specifically in the vicinity of one of the test vehicles). This additional information may be necessary in order to determine whether a specific person is affected by the processing and in order to exercise the rights mentioned below, such as access, deletion, etc.

• Right ofaccess: Data subjects have the right to request information as to whether personal data concerning them is being processed by us. Insofar as data is processed, data subjects have the right to access this data as well as information on the modalities of processing in accordance with Art. 15 GDPR.
• Right to rectification of inaccurate data: Data subjects have the right to request that we correct personal data concerning them. This right can generally only be implemented for video, image and audio data by deletion.
• Right to erasure: Data subjects have the right to request that we erase personal data concerning them.
• Right to restriction of processing: Data subjects have the right to request restriction of the processing of their data.
• Right to lodge a complaint with a supervisory authority: Data subjects have the right to lodge a complaint with a supervisory authority, for example with the data protection authority responsible for their place of residence, workplace or for the place of the possible data protection breach.
• Right to object: Data subjects have the right to object to the processing of their personal data.

Special notes on the limitation of data subject rights:
Please note that, in the context of this processing, the rights of data subjects under Art. 15 GDPR (right to access), Art. 16 GDPR (right to rectification), Art. 17 GDPR (right to erasure), Art. 18 GDPR (right to restriction of processing) and Art. 21 GDPR (right to object) may be subject to special, additional restrictions. These specific restrictions apply where the exercise and fulfilment of these rights in a specific case would be likely to severely impair the achievement of research purposes or make this impossible, and the restriction is therefore necessary for the fulfilment of those research purposes. This particular restrictability and its prerequisites arise in particular from Art. 89 GDPR in conjunction with Section 27 BDSG (German Federal Data Protection Act) and Art. 17 GDPR.

If you are a data subject of the data processing described here and would like to exercise one of your rights or receive more information about this, please contact:

Daimler Trucks AG
Fasanenweg 10
70771 Leinfelden-Echterdingen, Germany
Germany
Email: privacy-trial-trucks@daimlertruck.com (Subject: Truck Driver Testing)