Is it legal for my car to monitor my vital signs while I drive?

The idea of a car monitoring its driver's vital signs often brings up more questions than answers, particularly around privacy and legality. For consumers, the thought of their vehicle collecting health data can be unsettling. For automotive manufacturers, Tier-1 suppliers, and fleet operators, it represents a complex new frontier of technology, regulation, and liability. The short answer is yes, it is increasingly legal, and in many cases, mandatory, for new vehicles to be equipped with systems that monitor the driver. However, the specifics of what can be monitored, how the data can be used, and who owns that data are governed by an evolving patchwork of laws that differ significantly by region.

"As of July 7, 2024, new vehicles registered in the EU must include Driver Drowsiness and Attention Warning (DDAW) systems. In the U.S., the Infrastructure Investment and Jobs Act of 2021 mandates technology to passively monitor drivers for impairment, with a final rule expected by November 15, 2024."

The legal framework for in-cabin monitoring

The primary driver behind the push to car monitor vital signs legal frameworks is safety. Government agencies worldwide are seeking to reduce the number of accidents caused by driver impairment, including drowsiness, distraction, and medical emergencies. Two of the most significant regulatory frameworks are the European Union's General Safety Regulation (GSR2) and the United States' Infrastructure Investment and Jobs Act.

In the EU, Regulation (EU) 2019/2144, also known as GSR2, mandates a suite of advanced driver-assistance systems (ADAS) in new vehicles. all new cars sold in the EU must have a Driver Drowsiness and Attention Warning (DDAW) system. These systems typically use cameras to monitor eye movements, head position, and other indicators of fatigue. While direct vital sign monitoring (like heart rate or respiration rate) is not explicitly required, the technology is a logical next step for assessing driver state and is being actively developed by many automotive suppliers.

In the United States, the National Highway Traffic Safety Administration (NHTSA) is tasked with establishing a new Federal Motor Vehicle Safety Standard (FMVSS) that will require new passenger vehicles to be equipped with "advanced drunk and impaired driving prevention technology." This mandate stems from the Infrastructure Investment and Jobs Act, passed in 2021. The law requires a technology that can "passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired." While the exact technology is not specified, camera-based systems that can detect signs of impairment, potentially including physiological markers, are considered a leading solution.

Data privacy and ownership

A central concern for both consumers and the industry is the handling of data collected by these monitoring systems. In the European Union, the General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection and privacy. Under GDPR, data from in-cabin monitoring systems is considered personal data, and its collection and processing require a clear legal basis, such as the explicit consent of the driver. The data subject also has the right to access, rectify, and erase their data.

In the US, the legal landscape for data privacy is more fragmented, with a mix of federal and state laws. The Driver Privacy Act of 2015 established that the owner or lessee of a motor vehicle is the owner of the data collected by the vehicle's event data recorder (EDR). However, the law includes exceptions for obtaining the data, such as with the owner's consent, under a court order, or for authorized research. As driver monitoring systems become more advanced, further legislation will likely be needed to clarify the ownership and control of the vast amounts of data they will generate.

Feature	EU (GDPR)	US (Federal/State Laws)
Primary Regulation	General Data Protection Regulation (GDPR)	Driver Privacy Act of 2015, various state laws
Data Ownership	Generally resides with the data subject (driver)	Generally resides with the vehicle owner/lessee
Consent Requirement	Explicit consent typically required for data processing	Consent often required, but with more exceptions
Data Access	Strong rights for data access, rectification, and erasure	Rights vary by state and specific law
Enforcement	Strong enforcement with significant fines for non-compliance	Enforcement varies by jurisdiction

Industry Applications

For automotive OEMs and Tier-1 suppliers, the move toward in-cabin monitoring opens up new opportunities for enhancing vehicle safety and user experience.

Advanced driver-assistance systems (adas)

Vital signs monitoring can provide a crucial layer of input to ADAS. For example, if a vehicle detects that a driver's heart rate is dangerously high or low, or that their breathing has become erratic, it could trigger a series of actions, from issuing an alert to engaging automated driving systems to safely pull the vehicle over.

Fleet Management

For commercial fleet operators, driver monitoring systems are a powerful tool for improving safety and efficiency. By monitoring for signs of fatigue, stress, and distraction, fleet managers can intervene before an accident occurs. This can lead to lower insurance premiums, reduced downtime, and improved driver well-being.

Current research and evidence

The technology behind in-cabin vital signs monitoring is advancing rapidly. Researchers are developing sophisticated algorithms that can accurately estimate heart rate, respiration rate, and even blood pressure using only the video feed from a standard in-cabin camera. A 2022 study by researchers at the University of Waterloo demonstrated a method for camera-based estimation of physiological signals from the face, achieving a high degree of accuracy even in challenging lighting conditions. The use of remote photoplethysmography (rPPG), a technique that measures changes in light reflection from the skin to determine blood volume pulse, is a key area of research.

The future of in-cabin health monitoring

The future of in-cabin health monitoring extends beyond simple fatigue detection. In the coming years, we can expect to see vehicles that can:

• Proactively detect the early signs of a medical emergency, such as a heart attack or seizure, and automatically call for help.
• Monitor the health and well-being of all occupants in the vehicle, not just the driver.
• Integrate with wearable devices and health apps to provide a holistic view of the driver's health.
• Personalize the in-cabin environment, adjusting temperature, lighting, and even scent to reduce stress and improve comfort.

Frequently asked questions

1. Can my employer use a driver monitoring system to track me?

For commercial drivers, employers generally have the right to use driver monitoring systems for safety and performance management. However, the use of these systems is often subject to collective bargaining agreements and specific regulations that vary by jurisdiction.

2. Can the police access the data from my car's monitoring system?

In most cases, law enforcement can only access data from a vehicle's event data recorder or monitoring system with a warrant or court order.

3. What happens to the data if I sell my car?

This is an emerging area of concern. It is important to perform a factory reset of the vehicle's infotainment and monitoring systems to erase any stored personal data before selling the car.

4. Can I turn off the driver monitoring system in my car?

While some systems may allow for deactivation, many of the legally mandated systems will likely be designed to be tamper-proof.

The legal and technological landscape of in-cabin monitoring is evolving quickly. As a company at the forefront of camera-based vital signs monitoring, Circadify is actively engaged in developing solutions that are Effective. Prioritize privacy and data security. To learn more about how Circadify is shaping the future of automotive safety, visit our automotive program inquiry page at circadify.com/custom-builds/automotive-cabin.