Car privacy decoded: Can insurers access your built-in cameras?

Modern cars are increasingly becoming connected devices, fitted with sensors, cameras and communication systems.
Modern cars are increasingly becoming connected devices, fitted with sensors, cameras and communication systems. Picture: Supplied

Modern vehicles are no longer just transportation; they are connected devices packed with sensors, cameras, and communication systems that track what happens inside and outside the cabin.

When a crash occurs, this technology generates a stream of telemetry, raising critical questions about who actually owns that data and where it goes.

According to Mercedes-Benz, its vehicles are equipped with systems that capture detailed diagnostic data to support safety, maintenance and emergency-response functions. 

Depending on the model, equipment and market, some vehicles also have security technology such as the Mercedes-Benz App and GUARD 360° that can notify the owner when an impact or collision is detected and, where applicable, capture incident-related information.

Built in cameras and telematics bring new questions about driver privacy. Learn how automakers and insurers manage your data after an accident.The manufacturer says the functionality varies between vehicles and that vehicle and user data is processed in accordance with applicable legal frameworks, contractual terms and customer consent where required.

Is your car recording you?

The idea of a car having a "black box" can make it sound as though every journey is being continuously recorded, but it’s a bit more complicated.

Modern vehicles can generate extensive diagnostic and event-related information, while cameras and sensors used for driver assistance can process information about the vehicle's surroundings.

Mercedes-Benz says certain vehicles and systems may capture incident-related information, but the functionality depends on the particular model and specification. The presence of cameras doesn’t necessarily mean that a car is operating like a dashcam that constantly stores footage of every journey.

This distinction is becoming increasingly important as manufacturers add more cameras, sensors and connected services to their vehicles.

Can your insurer see the data?

The fact that a vehicle generates information does not necessarily mean an insurance company automatically gets access to it.

Mercedes-Benz says disclosure of vehicle and user data to third parties, including insurers, is limited to legally authorised circumstances or instances approved by the customer.

It’s significant because insurers also collect their own telematics information through driving-behaviour programmes and tracking technology.

However, according to OUTsurance, it does not use its telematics information for claims assessment purposes.

For customers participating in its SmartDrive programme, participation is voluntary and governed by the programme's terms and conditions. OUTsurance says SmartDrive data receives the same security and privacy protections as its other customer information.

This creates a distinction between telematics collected by an insurer and information generated by the vehicle itself.

A car may have data relating to an accident without that information automatically forming part of an insurance investigation.

What about video evidence?

OUTsurance says video evidence is not commonly received in claims matters, but when it is available, it can provide valuable support in establishing the circumstances of an incident.

That could include footage from a third-party dashcam or CCTV, but OUTsurance did not say that, as a rule, it seeks out or obtains recordings from manufacturers’ built-in camera systems.

It's important because a vehicle having cameras does not necessarily mean an insurer can access whatever those cameras have recorded.

When the car calls for help

One of the more useful applications of this technology is what happens immediately after a serious accident.

Mercedes-Benz vehicles equipped with its eCall system can automatically initiate an emergency call when sensors detect a severe collision. Mercedes-Benz says this could include situations involving airbag deployment or activation of a seatbelt tensioner.

The system transmits vital information to an emergency response centre, including the vehicle's GPS coordinates.

A hands-free voice connection is then established so that occupants can communicate with the emergency operator. If those inside the vehicle are unable to respond, Mercedes-Benz says emergency services can be dispatched to the vehicle's location.

The system can also be activated manually by pressing the SOS button on the overhead console.

Rather than having to find a phone, establish a location and explain where they are, the vehicle can communicate its position to the emergency response centre.

What to do after a breakdown

The connected technology doesn't replace basic roadside safety.

Mercedes-Benz recommends moving the vehicle off the road onto a safe area or hard shoulder where possible and switching on the hazard lights. Occupants should move to a protected location, such as behind a guardrail where possible, and wear high-visibility vests.

Drivers can then contact Mercedes-Benz Service24h/Roadside Assistance or use the vehicle's eCall function where appropriate.

Three types of information

There are several different streams of information surrounding a modern car accident. Data generated by the vehicle, telematics collected by an insurer, and independent evidence such as dashcam or CCTV footage should not be treated as the same thing.

Mercedes-Benz says access to its vehicle and user data by third parties such as insurers is restricted to legally authorised circumstances or instances approved by the customer. 

OUTsurance says its own telematics information is not used for claims assessment, while acknowledging that video evidence can help establish the circumstances of an incident when it is available.

As cars become more connected, the relationship between motorists and their vehicles is changing.

A modern car can monitor its own condition, detect an impact, communicate its location and potentially generate information about an incident.

For motorists, it’s no longer whether a car is collecting data but about what information is being generated, when it is retained, who can access it and under what circumstances it can be shared.

The technology may make vehicles safer and emergency assistance faster, but understanding the data generated by the car is becoming an increasingly important part of modern ownership.

willem.vdputte@nationalmg.co.za