AI and Autonomous Vehicles: New Legal Opportunities and Challenges

AILC Editor
Nov 2 · 4 min read

Written by Matthew Brooker for the AILC at the University of Toronto.

Introduction to Autonomous Vehicles

Autonomous vehicles (AVs) have the potential to reduce the staggering number of vehicle-related deaths (globally, there are currently over one million per year)[1], lessen emissions and drastically improve traffic flow. Instead of relying on human judgement, AVs rely on artificial intelligence, sensors and big data to analyze complex situations and adapt to changing circumstances on the road in real time.[2] AVs are able to rapidly process information based on environmental stimuli much faster than humans and exchange information through vehicle-to-vehicle (V2V) and vehicle-to-infrastructure (V2I) communication technologies.[3]

Equipment manufacturers, technology companies and countless start-ups are racing to develop and deploy AVs across the globe. The surging growth of AV technology is best exemplified by recent projections that the AV market will be worth approximately seven trillion dollars by 2050.[4] Although most governments recognize the unprecedented benefits associated with the advancement of AVs, unfamiliar legal challenges and opportunities lie ahead.

Legal Challenges and Opportunities

Lawyers with experience in the technology sector and an understanding of the emerging issues impacting the AV industry will navigate an evolving patchwork of federal and provincial regulations. Currently, legislation and regulation is playing catch-up with a constantly changing industry, attempting to strike a balance between safeguarding privacy standards and protecting the public on the one hand while allowing innovation to flourish on the other (while AVs have the potential to reduce traffic fatalities, they also of course have the potential to cause fatalities if not programmed correctly).[5]

Driving in Canada is primarily regulated at the provincial level and AVs have not yet been the subject of considerable legislation. The federal government has worked with some provinces to amend the Motor Vehicle Safety Act to provide temporary exemptions for “new kinds of vehicles [and] technologies.”[6] To date, Ontario is leading the way with AV testing, permitting AVs equipped with SAE Level 3 technology (the ‘intelligence’ level of an AV is rated from 1–6, where level 3 cars allow drivers to pay little attention, yet still be ready to manually drive) to be purchased and driven on Ontario roads.[7]

Beyond navigating regulatory frameworks, AVs raise significant legal challenges in other areas such as product liability (e.g. is a driver or the AVs manufacturer liable for an at-fault accident), privacy, cybersecurity and intellectual property. Privacy issues have been particularly concerning as a result of the data collection necessary for artificial intelligence technologies to “drive” AVs along our roads.

Protecting Data Privacy

Data privacy will be a central concern with the increasing commercial rollout of AVs. AVs are one of many smart devices that will store highly sensitive individualized data and transmit such data to other vehicles, connected infrastructure (e.g. smart traffic lights), and third party organizations through various communication networks.[8] Humans leave behind “unique signatures” related to their geographical data that could be used to gain information about an individual’s health, religious beliefs, habits and other pieces of sensitive information.[9]

The amount of data generated by a self-driving vehicle every second is approximately equivalent to that generated by 10,000 internet users.[10] This places enormous demands on both data infrastructure and the corporations holding this data as to how it will be used, sorted and kept secure. Put otherwise, governments are having a difficult enough time developing frameworks to protect data privacy in the social media arena, which is significantly less complicated than frameworks designed to protect the data privacy of AVs and other smart technologies.

In 2018, the Federal Privacy Commissioner highlighted his concern regarding the data generated by AVs. Speaking before the Standing Committee on Transport, the Federal Privacy Commissioner addressed the need for more transparency with consumers about the data flowing in connected and autonomous vehicles, as well as the importance of improving consent around this data.[11] In his Opening Statement, the Commissioner said, “[t]he time has come for more modern privacy laws” and recommended “that the law be amended to empower [his] Office to proactively investigate and enforce industry compliance with PIPEDA [Personal Information Protection and Electronic Documents Act]”.[12]

Conclusion

We are approaching a paradigm shift where autonomous vehicles are ubiquitous in the Canadian commercial and personal vehicle markets. The technology is nearly there but, before we reach this future, we must address complex legal challenges in the areas of product liability, privacy, cybersecurity and intellectual property posed by AVs. While AVs have not revolutionized the transportation industry to the extent envisioned in Back to the Future, new developments are certainly getting us closer.

References

[1] Hazel Si Min Lim & Araz Taeihagh, “Autonomous Vehicles for Smart and Sustainable Cities: An In-Depth Exploration of Privacy and Cybersecurity Implications,” (2018) 2.2. Background to AVs. https://www.mdpi.com/1996-1073/11/5/1062/htm

[2] Ibid.

[3] Ibid.

[4] NetworkNewsWire, $7 Trillion Annual Market Projected for Autonomous Autos by 2050, July 2018. https://www.prnewswire.com/news-releases/-7-trillion-annual-market-projected-for-autonomous-autos-by-2050-877929258.html -

[5]Robert Love & Edona Vila, “The Sensor: Legal Insights Into Autonomous Vehicles,” January 2019. http://www.mondaq.com/canada/x/777976/cycling+rail+road/The+Sensor+Legal+Insights+into+Autonomous+Vehicles

[6] Axis Marketing, “Canada’s Autonomous Vehicle Regulatory Framework (Pt. 1),” October 2019. http://blog.axisgroup.insure/canada-autonomous-vehicle-regulation-policies-pt1

[7] Ontario Ministry of Transportation, “Automated Vehicle Pilot Program.” http://www.mto.gov.on.ca/english/vehicles/automated-vehicles.shtml

[8] Supra note 1, 4.1. Privacy Implications for Smart and Sustainable Cities.

[9] Paul Keller, “Autonomous Vehicles, Artificial Intelligence, and the Law” in The Journal of Robotics, Artificial Intelligence & Law (1.2, 2018). https://www.nortonrosefulbright.com/-/media/files/nrf/nrfweb/imported/20180206--autonomous-vehicles-artificial-intelligence-and-the-law.pdf?la=en&revision=5b0de312-a58a-4e77-b5a4-f0fddf16c423

[10] Supra note 5.

[11] Ibid.

[12] Daniel Therrien, “Appearance before the Standing Committee on Transport, Infrastructure and Communities (TRAN) in relation to its study of Automated and Connected Vehicles in Canada”, Opening Statement, May 2018. https://www.priv.gc.ca/en/opc-actions-and-decisions/advice-to-parliament/2018/parl_20180509/

AILC

Blog of the Artificial Intelligence & Law Club at University of Toronto Faculty of Law

AILC Editor

Written by

Editor page for the Artificial Intelligence and Law Club at the University of Toronto

AILC

AILC

Blog of the Artificial Intelligence & Law Club at University of Toronto Faculty of Law

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