Who Decides in a Vehicle that Decides on Its Own? Data, Dilemmas, and Regulation in the Mobility of the Future

Imagine that, in the not-so-distant future, you are traveling at high speed along a highway in a fully autonomous vehicle. You’re not touching the steering wheel or the pedals—the driving system takes care of everything. Suddenly, a large, heavy object falls off the truck directly in front of you. In milliseconds, your car calculates that it cannot brake in time to avoid impact. Around you, there are other vehicles: to the right, a sturdy SUV with high protection for its occupants; to the left, a motorcycle with a single exposed rider. Straight ahead, the object inevitably blocking your path.

Then a critical question arises: where should the car maneuver to? Who—and under what criteria—makes that decision?

This is one of the ethical dilemmas faced by autonomous vehicles, where decisions are driven by data. These systems not only drive; they also collect and process vast amounts of information to make decisions that can have direct human consequences. Assessing risks, identifying objects, calculating trajectories, and, in extreme cases, weighing the value of different human lives are actions already being delegated to pre-programmed algorithms.

Data: the raw matter of the new mobility paradigm

In this new paradigm, data has become the currency of exchange. According to the report When the Vehicle Knows Too Much: Privacy, Data, and Regulation in the Mobility of the Future by the Hermes Foundation, “this information, when properly managed, carries significant economic, social, and strategic value.”

Connected vehicles generate an enormous amount of data. Some of which is essential for ensuring safety and operability, such as monitoring steering in an autonomous car. Other anonymized data is used to improve infrastructure by creating friction maps of road conditions.

However, other data goes far beyond the functional scope, collecting personal information about users such as playlists, frequent routes, or precise geolocation. This information feeds into personalized business models, such as dynamic insurance based on driving style or assistance services tailored to behavioral patterns.

The new gold rush… on wheels

The potential of data gathered by internet-connected vehicles has triggered a genuine race to control user information. Manufacturers, mobility operators, and public administrations all have competing interests over who should own, use, or share it.

While such collection can bring tangible benefits like enhanced road safety and personalized services, it also exposes users to significant risks. These include cybercrime, tracking people without their knowledge or consent, and questionable commercial uses ranging from dynamic pricing strategies to access restrictions based on behavioral profiles.

Studies cited in the report reveal that 76% of brands admit to selling data, and in 92% of cases, users have little or no control over its collection.

Cibersecurity: a pending challenge

At the same time, technological advances have increased the exposure of these systems to external threats. From data theft to remote vehicle control, autonomous cars represent a new frontier in cybersecurity. For example, there is the possibility that a hacker could take control of a vehicle remotely and turn it into a public safety weapon in seconds.

Experts argue that the solution lies in implementing multiple layers of security to make intrusions more difficult and ensuring attack traceability to identify those responsible. However, many manufacturers lack experience in managing digital risks, often prioritizing technical performance over user rights. This underscores the need to strengthen risk management and safeguard against potential security breaches and misuse of personal data.

Legislation struggling to match the speed

 “The situation is further complicated by the absence of a clear regulatory framework regarding the ownership and use of data, as well as users’ rights over it. The lack of transparency and the end user’s unawareness of what data is collected, for what purpose, and with whom it is shared, undermines the fundamental principles of data protection and informed consent,” said Alicia Asín, CEO of Libelium, member of the Hermes Foundation board, and coordinator of the report.

In the United States, regulation is less restrictive and prioritizes business profitability. In contrast, Europe faces a slower pace of development. While Nevada and California have had specific regulations for autonomous vehicles since 2015, the European Union proceeds cautiously, fragmented by national legislations that are not always aligned. This hinders innovation, raises costs, and creates legal uncertainty that threatens both personal privacy and industry growth.

Undoubtedly, the development of autonomous vehicles raises fundamental questions about control and safety. If a driverless car finds itself in a critical situation like the one described, suffers a failure, or is externally manipulated, is there a manual override option to regain control? What limits should be imposed on the commercial use of generated data?

Future regulation could require an emergency mechanism enabling human intervention in extreme cases, as well as the guarantee of effective protection of personal data and transparency in the algorithms involved. There is an urgent need to regulate this technological advancement ethically and sustainably, promoting the protection of fundamental rights. Decisions made today will not only define the future of the automotive sector but also set the ethical foundation for other digital industries.

Designing Connected… and Conscious Mobility

The development of autonomous vehicles raises deeper questions:

• Should a manual override option be required by law?
• Who is responsible if an algorithm makes a lethal decision?
• What limits should be imposed on the commercial use of data?

Hermes concludes that there is an urgency for ethical and sustainable regulation. The decisions we make today will not only define the future of mobility but also shape the ethical foundations of the digital ecosystem as a whole.