As the party affected by the processing of your data, you may claim certain rights under the GDPR and other relevant data protection regulations.
In certain situations, we may be unable to respond to your request as a data subject due to legal requirements or information available to us. For instance, we may not be able to retrieve images of recorded persons without additional information. Since the persons recorded in the test vehicle environment cannot be identified without additional information, and since such identification is not necessary for the purposes pursued by BMW, we are prevented by law from carrying out additional data processing for the purpose of identification; in such cases, your rights under Art. 15 to 20 GDPR may not be applicable. Your data subject's rights may only apply if you provide us with additional information which enables us to clearly identify you. Even with these additional information we may not be able to verify your entitlement to access or delete the data, since we do not identify any persons on the video and audio recordings, and would therefore not know who the data subjects on the recordings are, and your data subject rights are restricted due to rights of others or the need to keep the data for reasons of law.
During and immediately after the data collection activities of the test vehicles (e.g. if you are a pedestrian within the camera’s field of view and you become aware of the recording), you can directly object and ask the test driver for the deletion of relevant data.
Under the GDPR, you are entitled to claim the following specific rights vis-à-vis BMW as the data subject:
Right of access by the data subject (Art. 15 GDPR):
You have the right to request information on the data we hold about you from us at any time. This information includes, but is not limited to, the categories of data we process, the purposes for which it is processed, the source of the data if not collected directly from you, and, if applicable, the recipients with whom we have shared your data. You can obtain a copy of your data from us free of charge. If you require multiple copies, we reserve the right to charge you for these copies.
Right to rectification (Art. 16 GDPR):
You have the right to request that we rectify inaccurate data relating to you. Photographs or video recordings are by nature "correct" because they represent a photographed or recorded person in reality. We will not edit recordings in any way so that your stored data is accurate and up to date.
Right to erasure (Art. 17 GDPR):
You have the right to request that we erase your data, as long as the legal requirements for this are satisfied. This may be the case under Art. 17 GDPR if
- the data is no longer required for the purposes for which it was collected or otherwise processed;
- you withdraw the consent on which data processing is based, and there is no other legal basis for processing;
- you lodge an objection to the processing of your data and there are no legitimate reasons for processing, or you object to data processing for direct marketing purposes;
- the data was processed unlawfully, and provided that processing is not required
- for scientific research purposes and provided that the deletion of the data is not likely to prevent or seriously affect the achievement of that objective;
- to establish, exercise or defend legal claims.
Right to restriction of processing (Art. 18 GDPR):
You have the right to request that we restrict processing of your data if
- you dispute the accuracy of the data – in which case processing may be restricted during the time it takes to verify the accuracy of the data;
- processing is unlawful, and you reject the deletion of your data, requesting that its usage be restricted instead;
- we no longer need your data, but you need it to establish, exercise or defend your rights;
- you have lodged an objection to its processing, as long as it is not certain that our legitimate reasons outweigh yours.
Right to data portability (Art. 20 GDPR):
You have the right to request that we transfer your data – if technically possible – to another responsible party. However, you may only enforce this right if data processing is based on your consent or is necessary for the performance of a contract. Rather than receiving a copy of your data, you may also ask us to submit the data directly to another responsible party specified by you.
Right to object (Art. 21 GDPR):
You have the right to object to the processing of your data at any time for reasons that arise from your particular situation, as long as data processing is based on your consent, on our legitimate interests or those of a third party. In this case, we will cease to process your data. This does not apply if we can show that there are compelling legitimate grounds for processing that outweigh your interests, or if we need your data for the establishment, exercise or defence of legal claims.