Even if manufacturers are disapproving: the data from modern vehicles is used almost every day to solve crimes. In Berlin, the first senior attorney, Andreas Winkelmann, uses it to uncover illegal car races. In his private life, however, he finds the permanent mobile surveillance questionable.
Mr. Winkelmann, how often do you use vehicle data for your investigations?
The data stored in vehicles is becoming more and more important, especially when it comes to investigating illegal car races. We now ask manufacturers an average of two to three times a week to read out the data.
What data is it exactly?
On the one hand, there is a function called “Event Data Recording” (EDR), which is mandatory in the USA and is also used by many manufacturers in Europe. The last five seconds before an accident are documented – for example, how fast you drove, how much the driver accelerated or stepped on the brakes. Some manufacturers also save significantly more, for example how many people were in the car.
When can you use this information?
If it is only a matter of exceeding the speed slightly as an administrative offense, the use would not be proportionate. If there are indications that someone has raced in a criminal way – for example, traces of an accident or testimony – we definitely ask the manufacturers. Dashcam videos or the data from assistance systems are also very useful for us.
And the manufacturers just give out these records?
Sometimes we have to get a judicial search warrant first. In the vast majority of cases, however, the manufacturers cooperate with us voluntarily. At VW, our experts can read the data themselves because they are openly accessible. Mercedes sends employees to us in Berlin to help us.
How often are people convicted after their car arrives at them?
Since the introduction of the new law in 2017, there have been more than 530 final convictions in Berlin alone. Penalties range from several years in prison to fines of two to three net earnings and more. In many cases, the driver’s license is withdrawn, which must then be re-applied for.
Do you sometimes feel queasy yourself because your car knows everything about you?
I obey the traffic rules. As a private person, however, I find it questionable what is technically possible. Especially with Tesla; A company even stores videos there. This may be okay with us, but in non-democratic states the car cameras could even be used for face recognition at some point – a scary idea.