Document Type

Article

Disciplines

Insurance Law

Abstract

Vehicles collect a staggering amount of data from drivers and passengers for various reasons. Automobiles increasingly include sensors and technology to improve safety and driver convenience. But auto insurers also find this trove of consumer data useful for pricing through telematics. An ever-growing number of data points can be fed into artificial intelligence (AI) systems to identify correlations with driving risk. Yet the data can also reveal sensitive information related to health and protected traits. Lawmakers, regulators, and plaintiffs are increasingly scrutinizing the privacy practices of automakers and data brokers. Growing scrutiny of automakers' practices necessarily draws attention to the parallel data collection by car insurers.

This essay reviews current data collection practices within the auto industry, including insurers. It discusses how and why auto insurers' particularly those leveraging AI - are interested in participating in vast data collection, and reflects on best practices for limiting discrimination and preserving privacy within telematics. Current telematics practices hold real potential to improve automobile safety while simultaneously limiting discrimination in underwriting. We should not let the incorporation of AI into these models threaten these important promises.

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