Introduction
A year ago, on the opening day of the Shanghai Auto Show, Tesla advocates that the lady stand on the roof and shout "brake failure", which has become the most typical case of annual consumer rights protection. A year later, the lawsuit between Ms. Zhang and Tesla has slowly advanced. In the quality dispute of smart cars, relevant laws and regulations have made breakthroughs, but in practice, consumers are still weak parties and fall into the data black hole of rights protection. Poke the audio below and listen to the beijing traffic radio reporter's report:
The auto show rights defense incident has progressed slowly
Last year' Shanghai Auto Show, Ms. Zhang stood on the roof of the car to defend her rights/ from the Internet
Ms. Zhang: "Ordinary consumers, to the market value of the first car companies to protect their rights, it is very powerful, what can you do?" You can only go through a lengthy judicial process and wait for a result you want. ”
This is the real feeling of Ms. Zhang's auto show rights protection in the past year. After the rights protection incident last year, under the supervision of the market supervision department, Tesla provided raw data for half an hour before the incident. But Ms. Zhang believes that this data is incomplete.
Ms. Zhang: "There are many important parameters related to brakes missing, such as kinetic energy recovery, motor torque and so on. In addition, there is an overseas Chinese owner, also a newly bought Tesla, there was an out-of-control accident, Tesla provided him with 25 project parameters, only 11 provided to me. ”
The data items obtained by the two car owners are different /The respondent provided the picture
Zhang Xiang, dean of the New Energy Vehicle Technology Research Institute of Jiangxi New Energy Technology Vocational College, introduced that there are only physical quantities such as speed, brake pedal, steering wheel angle and so on in this data.
Zhang Xiang: "This data sampling is not continuous. Take the most important speed data, the first page is basically each data is spaced by 6 sampling points, the second page has no sampling point of the speed, the third page has more than half a page without this sampling point, if not according to the sampling frequency, this data can not be associated analysis. Preliminary judgment data may not be complete output. ”
Data obtained by Ms. Zhang/Courtesy of respondents
In July last year, Ms. Zhang sued Tesla for a "personal information protection dispute" and asked for complete data for 30 minutes before the incident. After 8 months, the case was finally filed at the Beiguan District Court in Anyang, Henan Province, which is the most significant progress in the auto show rights protection incident in the past year.
The court issued a notice of filing to Ms. Zhang/ Courtesy of the interviewee
Smart cars are struggling to defend their rights
Consumers are still struggling in the quality disputes of smart cars. Recently, Ms. Lin of Nanjing had an accident while driving a Tesla in the basement.
Ms. Lin: "I took the initiative to step on the brakes, tried two or three times, and the car still accelerated a little bit and rushed forward. I didn't dare to turn right out of the warehouse again, I didn't know what the road conditions were, so I had to go straight and hit the wall in front of me. ”
Surveillance shows that the brake lights are lit at the time of the incident / Courtesy of the interviewee
Fortunately, Ms. Lin only suffered a skin trauma, and later she asked the Tesla staff for driving data.
Ms. Lin: "They said the parking data could not be disclosed to me. I called 12315, and it took a long time to reply to me, telling me that Tesla directly said that it could not give data, and 12315 had no way, saying that you could only go to the lawsuit. ”
A Tesla in Jiangsu fell into the river/ Beijing News video
Earlier, a Tesla in Jiangsu fell into the river, and a couple in the car unfortunately died. Recently, family members have spoken out on the Internet for help, and the driving data record is incomplete; the traffic management department said that the cause of the accident cannot be determined.
In the publicly reported cases of smart car rights protection, no consumer has access to complete data. Ms. Lin of Nanjing said she had not understood such behavior as roof protection.
Ms. Lin: "At that time, I felt that this kind of rights protection may be a deliberate smear on Tesla. When I experienced this myself, I knew why I was at the auto show because there was really no way to defend my rights. ”
The new rules will not benefit all car owners
The reporter learned from many parties that the driving data involves both the owner and the car company, and the complete ownership is disputed. However, according to the Civil Code and the Personal Information Protection Law, data, including whereabouts, is classified as personal information. Chinese Zhang Xinbao, a professor at the Law School of Minmin University, introduced that the owner has the right to consult and copy.
Zhang Xinbao: "Article 45 of the Personal Information Protection Law stipulates that if an individual requests to consult and copy personal information, the personal information processor shall provide it in a timely manner, and it also stipulates that the processor of personal information includes the manufacturer and seller of these smart cars, he does not provide information, he should explain reasonable reasons, if not explained, consumers can file a lawsuit with the people's court. However, such a thing must be taken to the lawsuit, which does bring a lot of inconvenience to the parties. I personally advocate that there is an administrative processing link in the middle, such as complaining through the local Internet information department, and the Internet information department requires the enterprise to provide it. ”
The Personal Information Protection Act came into force last November/ Chinese government website
Since January 1 this year, the national standard for automobile event data recording systems has been officially implemented, requiring vehicles to be mandatorily equipped with EDR, that is, car black boxes. Lu Wenliang, a special researcher in the automotive industry at the Industrial Science and Technology Innovation Center of the Strategic Consulting Institute of the Chinese Academy of Sciences, introduced that the accident responsibility of smart cars is expected to be "hammered" through black box data.
Lu Wenliang: "There is a lot of data recorded in EDR, including changes in speed, whether the driver refuels or brakes, the position of the accelerator and pedal, steering wheel steering and other data, which can describe the state of the vehicle at the time of the accident and the driver's reaction, through which the specific cause of the accident can be judged." ”
Car time data recording system GB/Respondent courtesy of the image
Lu Wenliang introduced that the national standard requires that the black box data cannot be covered, nor can it be tampered with and deleted, and the car company should inform consumers of the way to obtain data.
Lu Wenliang: "The vehicle is equipped with EDR, in the manual should tell consumers, you want to get data need to buy a tool to extract data, who should be looking for how to get this tool?" There is also a method of data extraction, that is, how to use this tool to propose data. ”
Illustration of extracted data/image courtesy of respondents
It is worth noting that the national standard of the black box is only applicable to new cars that will be listed after this year. This means that in the event of a dispute over a previously purchased vehicle, consumers still need to ask for data from the car company, and they are likely to be rejected and embark on a long road to litigation.
An endless cycle of neutral authentication and data attribution
Data extraction is difficult, and it also drags down the detection and identification. The reporter learned from many sources that authoritative forensic appraisal institutions such as the National Motor Vehicle Quality Inspection and Testing Center, the Academy of Forensic Sciences, and the Judicial Appraisal Center for Medium Machinery Vehicles still cannot accept the entrustment of individual consumers. Wang Xudong, head of the China Automobile Inspection Motor Vehicle Inspection Technology Company and president of the Appraisal Appraiser Branch of the China Automobile Circulation Association, introduced that some third-party institutions can do rights protection appraisal for consumers.
Wang Xudong: "CRRC can accept the personal entrustment of consumers and issue an appraisal report on the quality problems of smart cars. Last year, about 20 new energy vehicles and intelligent vehicles were tested and identified nationwide, 80% of which were entrusted by individual consumers, and also entrusted by courts, arbitration commissions, consumer associations, and public security systems. ”
Appraisal report issued by a third-party institution/image provided by the respondent
From the technical level, the relevant person in charge of the Forensic Science Research Institute publicly stated that China already has the ability to analyze the electronic data of intelligent networked vehicles to obtain some results. Wang Xudong, head of the China Automobile Inspection Motor Vehicle Inspection Technology Company and president of the Appraisal and Appraiser Branch of the China Automobile Circulation Association, also believes that even the faults caused by software problems can be found through data.
Wang Xudong: "What was triggered at that time, this EDR or the car data are recorded, including the fault code and the change of data flow at that time will be saved." Even if the patch is patched later, it will leave a change log, which cannot be erased. ”
Appraisal agency personnel read car data/images provided by respondents
At present, the difficulty of identification is not in technology and qualification, but in the inability to bypass car companies to obtain data. Zhang Xiang, dean of the New Energy Vehicle Technology Research Institute of Jiangxi New Energy Technology Vocational College, introduced that the original data of smart cars is a code that cannot be directly read.
Zhang Xiang: "The data in the car each car company has formulated its own communication protocol, and some car companies' data is still encrypted, if there is no car company cooperation, third-party institutions can not read it." ”
Guo Qing, a senior partner at Jingshi Law Firm, said that the positioning of car companies as both athletes and referees is difficult to convince the public.
Guo Qing: "If something goes wrong with my car, and the last data you provide is also interpreted by you, what do you do with this data?" This is a pervasive doubt. ”
A third-party organization conducts a rights protection appraisal /image provided by the respondent
In addition, in judicial practice, the identification process of smart cars may be very long. Guo Qing, the lawyer representing the world's first automatic driving death case and a senior partner at Jingshi Law Firm, said that the case has gone through 6 years and is still in the appraisal stage.
Guo Qing: "The forensic appraisal agency has reached a conclusion, but the defendant applied to the court to re-evaluate or supplement the appraisal. At present, the court has not made a clear decision on his application, because the appraisal procedure is not counted in the trial limit, so the case has not yet reached the final court trial stage. ”
There will be a major breakthrough in data management
Whether in consumer rights protection, testing and appraisal, or judicial practice, data is an important basis for judging facts and clarifying responsibilities. However, the data is still tightly controlled by car companies, which also makes many quality disputes difficult to determine.
After the rights protection incident at last year's auto show, Tesla said it would open the vehicle information inquiry platform to car owners. 11 months later, the reporter asked about the latest developments, but did not get a reply from Tesla. Hao Qingfeng, deputy secretary-general of the Consumer Law Research Association of the China Law Society, said frankly that car companies are subjectively reluctant to provide background data.
Hao Qingfeng: "At present, only the manufacturer has the background data, which is not conducive to his data, he will not let others know, and the algorithms and logic of the manufacturers do not want others to know, so they have set a lot of thresholds." ”
EDR storage device/from network
Lu Wenliang, a special researcher in the automotive industry at the Industrial Science and Technology Innovation Center of the Chinese Academy of Sciences Strategic Consulting Institute, introduced that the national standard for automobile black boxes will be implemented in stages, and there will be a major breakthrough in two years.
Lu Wenliang: "From January 1, 2024, EDR data is to be stored in accordance with the provisions of the national standard, and the third-party testing agency can restore the key information of the vehicle as long as it is carried out in accordance with the coding method specified in the national standard when reading and analyzing the data." ”
EDR kit/from network
Zhang Xiang, dean of the New Energy Vehicle Technology Research Institute of Jiangxi New Energy Science and Technology Vocational College, believes that supporting measures should be taken as soon as possible.
Zhang Xiang: "Car companies should develop their own data readers and sell them in the market. Once a traffic accident occurs, a third-party agency can independently read the data, and the data reader should meet the industry standards to ensure that the data read is correct and complete, and with this process, the interests of the owner can be guaranteed. ”
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Looking forward to a major breakthrough in the car black box two years later