Privacy, Tracking Devices, & Usage Based Auto Insurance

Canadian Privacy Lawyer, Gil Zvulony, recently discussed potential privacy concerns regarding the use of tracking devices used by some auto insurance companies.  The devices involved are called “Telematic” devices that can measure such things as a car’s location and speed.  Such devices, raise several questions such as:

1. How is the consumer’s consent obtained?
2. Is the consumer’s consent fully informed?
3. Is consent obtained for other drivers who are not customers of the insurance company?
4. Who owns the data collected?
5. Can a consumer access the data?
6. Can a consumer share the data?
7. Can a consumer modify the data?
8. Is the data portable?  I.e. Can the data be shared with a new insurance company?
9. What security measures are in place to protect the data?
10. Can the data be accessed by police?
11. Is the data discoverable in civil proceedings?