Commission Implementing Regulation (EU) 2017/78Show full title

PART 3 User Information Template

The technical documentation handed over together with the vehicle (owner's manual) shall contain clear, comprehensive and easily accessible information on the 112-based eCall in-vehicle system of the vehicle and on the way it operates, as well as regarding any third party service supported eCall system (TPS system) or other added value services fitted on that vehicle and their additional functionalities.

Differences existing between the data processing carried out through the 112-based eCall in-vehicle system and the TPS system or other added value service, if available, shall be clearly spelt out.

The information on privacy and data protection shall be provided separately for the 112-based and the TPS systems prior to their use in order to avoid any confusion as to the purposes pursued and the added value of the data processing.

This template lays down the minimum required information to be provided to the user and may be complemented by other appropriate information having regard to the specific circumstances in which the data is collected or processed.

1. DESCRIPTION OF THE ECALL IN-VEHICLE SYSTEM

1.1. Overview of the 112-based eCall in-vehicle system, its operation and functionalities: …

1.2. The 112-based eCall service is a public service of general interest and is accessible free of charge.

1.3. The 112-based eCall in-vehicle system is activated by default. It is activated automatically by means of in-vehicle sensors in the event of a severe accident. It will also be triggered automatically when the vehicle is equipped with a TPS system which does not function in the event of a severe accident.

1.4. The 112-based eCall in-vehicle system can also be triggered manually, if needed. Instructions for manual activation of the system: …

1.5. In the event of a critical system failure that would disable the 112-based eCall in-vehicle system, the following warning will be given to the occupants of the vehicle: …

2. INFORMATION ON DATA PROCESSING

2.1. Any processing of personal data through the 112-based eCall in-vehicle system shall comply with the personal data protection rules provided for in Directives 95/46/EC(1) and 2002/58/EC(2) of the European Parliament and of the Council, and in particular, shall be based on the necessity to protect the vital interests of the individuals in accordance with Article 7(d) of Directive 95/46/EC(3).

2.2. Processing of such data is strictly limited to the purpose of handling the emergency eCall to the single European emergency number 112.

2.3. Types of data and its recipients

2.3.1. The 112-based eCall in-vehicle system may collect and process only the following data:

• Vehicle Identification Number

• Vehicle type (passenger vehicle or light commercial vehicle)

• Vehicle propulsion storage type (gasoline/diesel/CNG/LPG/electric/hydrogen)

• Vehicle last three locations and direction of travel

• Log file of the automatic activation of the system and its timestamp

• Any additional data (if applicable): …

2.3.2. Recipients of data processed by the 112-based eCall in-vehicle system are the relevant public safety answering points designated by the respective public authorities of the country on which territory they are located, to first receive and handle eCalls to the single European emergency number 112.

Additional information (if available): …

2.4. Arrangements for data processing

2.4.1. The 112-based eCall in-vehicle system is designed in such a way as to ensure that the data contained in the system memory is not available outside the system before an eCall is triggered.

Additional remarks (if any): …

2.4.2. The 112-based eCall in-vehicle system is designed in such a way as to ensure that it is not traceable and not subject to any constant tracking in its normal operation status.

Additional remarks (if any): …

2.4.3. The 112-based eCall in-vehicle system is designed in such a way as to ensure that data in the system internal memory is automatically and continuously removed.

2.4.3.1. The vehicle location data is constantly overwritten in the internal memory of the system so as always to keep maximum of the last three up-to-date locations of the vehicle necessary for the normal functioning of the system.

2.4.3.2. The log of activity data in the 112-based eCall in-vehicle system is kept for no longer than necessary for attaining the purpose of handling the emergency eCall and in any case not beyond 13 hours from the moment an emergency eCall was initiated.

Additional remarks (if any): …

2.5. Modalities for exercising data subject's rights

2.5.1. The data subject (the vehicle's owner) has a right of access to data and as appropriate to request the rectification, erasure or blocking of data, concerning him or her, the processing of which does not comply with the provisions of Directive 95/46/EC. Any third parties to whom the data have been disclosed have to be notified of such rectification, erasure or blocking carried out in compliance with this Directive, unless it proves impossible or involves a disproportionate effort.

2.5.2. The data subject has a right to complain to the competent data protection authority if he or she considers that his or her rights have been infringed as a result of the processing of his or her personal data.

2.5.3. Contact service responsible for handling access requests (if any): …

3. INFORMATION ON THIRD PARTY SERVICES AND OTHER ADDED VALUE SERVICES (IF FITTED)

3.1. Description of the operation and the functionalities of the TPS system/added value service: …

3.2. Any processing of personal data through the TPS system/other added value service shall comply with the personal data protection rules provided for in Directives 95/46/EC and 2002/58/EC.

3.2.1. Legal basis for the use of TPS system and/or added value services and for processing data through them: …

3.3. The TPS system and/or other added value services shall process personal data only on the base of the explicit consent of the data subject (the vehicle's owner or owners).

3.4. Modalities for data processing through TPS system and/or other added value services, including any necessary additional information regarding traceability, tracking and processing of personal data: …

3.5. The owner of a vehicle equipped with a TPS eCall system and/or other added value service in addition to the 112-based eCall in-vehicle system has the right to choose to use the 112-based eCall in-vehicle system rather than the TPS eCall system and the other added value service.

3.5.1. Contact details for handling TPS eCall system deactivation requests: …

(1)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(2)

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

(3)

Directive 95/46/EC is repealed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). The Regulation applies from 25 May 2018.