Industry Update & Data Policy
Update: Dashcam Industry Lawsuits
The privacy and information security landscape is dynamic and evolving, particularly with respect to regulating biometric data. Legal challenges to the practices of in-vehicle technology providers, including Lytx, and their customers are pending in various courts. Such lawsuits assert that technologies that detect distracted driving behaviors, like eating and texting while driving, are collecting, obtaining, storing and/or using biometric identifiers or biometric information, as such terms are defined in the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq. Lytx firmly believes that BIPA does not apply to Lytx’s technology and that these lawsuits are not warranted. As designed, Lytx’s in-vehicle Machine Vision + Artificial Intelligence (“MV+AI”) Alerting System does not collect retina or iris scans, facial geometry, or any type of biometric data, for any purpose whatsoever. Our in-vehicle MV+AI technology detects driving behaviors, not the identity of a driver.
With that said, Lytx prides itself on transparency about the technology we offer. In that spirit, Lytx is providing the Lytx Distracted Driving In-Vehicle Alert Data Policy (“Data Policy”) to clarify the type of information used by the MV+AI technology to detect in-vehicle distracted driving behavior, as well as Lytx's retention and destruction of such information.
Nothing in this statement or the Data Policy is intended as or constitutes legal advice. All customers who use Lytx’s MV+AI and other technology must understand the evolving legal requirements and implement policies and procedures that ensure the adequate protection and compliant use of data. Customers must obtain their own legal guidance and information security advice and make their own decisions regarding how to achieve compliance with these laws in their use of our products. As part of managing their responsibilities, customers are also encouraged to stay informed of the rapidly changing landscape regarding privacy laws related to biometrics.
Lytx Distracted Driving In-Vehicle Alert Data Policy
Last Updated: October 16, 2023
This Lytx Distracted Driving In-Vehicle Alert Data Policy (“Policy”) supplements our Lytx Privacy Policy and is intended to provide information to our clients and our resellers’ clients (collectively, “Customers”), as well as their employees, contractors, workers, drivers, and passengers (collectively, “Fleet Personnel”), regarding the treatment of data used by Lytx’s in-vehicle MV+AI alerting system (“In-Vehicle MV+AI Alerting System”) to generate in-vehicle alerts. This Policy applies to Lytx, Inc., together with our controlled affiliates and subsidiaries (collectively, “Lytx”, “we”, “us” and/or “our”). Nothing in this Policy is intended to create any rights beyond those that exist by virtue of federal, state, or local law.
General Policy Statement
As a business-to-business company, Lytx services are intended for and provided to businesses and other entities. Where our Customers elect to use such services, Lytx processes information as a service provider or a data processor to our clients and a “data sub-processor” to our resellers; we do not control and are not responsible for the privacy practices of our Customers. When we collect, capture, use, retain or store information on behalf of our Customers, our processing is subject to the control and instructions of such Customers as permitted by our agreements with such Customers and applicable law.
Our In-Vehicle MV+AI Alerting System
Our Customers use in-vehicle MV+AI alerting technology to protect Fleet Personnel and to enhance job performance, driver and public safety, and situational awareness. When enabled by the Customer, the Machine Vision + Artificial Intelligence (“MV+AI”) embedded in Lytx’s In-Vehicle MV+AI Alerting System can review still images of the inside of the vehicle to predict whether a driver is engaging in one of six distracted driving behaviors (“Distracted Driver Behaviors”). The Customer can also configure the In-Vehicle MV+AI Alerting System to provide real-time in-cab audible safety alerts when a Distracted Driving Behavior is predicted.
Any data collected, used, or processed by the MV+AI to predict Distracted Driving Behaviors (“Distracted Driving Data”)—excluding the prediction result itself— does not leave the device’s system memory and is immediately and permanently destroyed. No Distracted Driving Data is retained. If, however, the In-Vehicle MV+AI Alerting System identifies a Distracted Driving Behavior, the In-Vehicle MV+AI Alerting System and related services record the prediction result itself (i.e., the type of behavior predicted) and alert reference data (e.g., date, time ). The Customer may also configure the In-Vehicle MV+AI Alerting System to save a video event (seconds of video) when a Distracted Driving Behavior is predicted.
Purposes of Use
As a general policy, Lytx does not control how our Customers use data relating to Fleet Personnel and does not access or use such data except consistent with our Customer agreements. Where our Customer enables the collection or capture of data, the Customer shall determine the purpose and use of the data in accordance with applicable laws.
As to Distracted Driving Data in particular, the In-Vehicle MV+AI Alerting System has the ability to use Distracted Driving Data to predict whether a driver is engaging in a Distracted Driving Behavior, such as eating, drinking, being distracted, using a cell phone, not wearing a seatbelt, or smoking. The In-Vehicle MV+AI Alerting System is not capable of identifying drivers, neither Lytx nor our Customers can use the Distracted Driving Data to identify a driver, and the underlying Distracted Driving Data is not retained or accessible. If a Distracted Driving Behavior is predicted, the Customer may have the ability to receive reporting about the prediction result itself (i.e., the type of behavior predicted) and alert reference data (e.g., date, time) for its own purposes. The Customer may also have the ability to record a video event (seconds of video) of the inside of the vehicle when a Distracted Driving Behavior is predicted, also for its own purposes.
Retention and Destruction
As noted, Distracted Driving Data is not retained; it is immediately and permanently destroyed once a Distracted Driving Behavior prediction is made. Should the Distracted Driving Data ever be preserved, it will be retained for no longer than one year from last use by the In-Vehicle MV+AI Alerting System (or satisfaction of the initial purpose, if earlier), at which time the Distracted Driving Data collected by the In-Vehicle MV+AI Alerting System will be permanently destroyed.
However, if Lytx receives a warrant or subpoena issued by a court of competent jurisdiction, Lytx will retain any existing prediction result, event reference data and recorded video events to which it has access, if necessary to comply with the warrant or subpoena and in compliance with other applicable laws. Lytx reserves the right to review prediction results, event reference data, and recorded video events at any time, consistent with our Customer agreements.
Changes to This Policy
Lytx may occasionally update this Policy to reflect changes in the law or our practices or procedures. If we make material changes to this Policy, or in how our services collect, capture, use, or retain information used by the In-Vehicle MV+AI Alerting System to generate in-vehicle alerts, we will provide notice or obtain consent regarding changes as required by law.