Waymo Driverless Data Confidentiality Extended

Waymo Secures Temporary Reprieve in Data Disclosure Dispute

Waymo, the autonomous vehicle technology developer, achieved a preliminary victory on Monday concerning the confidentiality of its operational data. The company is currently engaged in a legal effort to shield specific details from public scrutiny.

Last week, Waymo, a subsidiary of Alphabet, initiated legal action against the California Department of Motor Vehicles (DMV). This lawsuit aims to maintain the redaction of certain information contained within its autonomous vehicle deployment permit. Additionally, the company seeks to protect email correspondence exchanged between Waymo and the DMV, originally requested through a public records request submitted by an anonymous source.

A judge granted Waymo a temporary restraining order on Monday. This order provides the company with an additional 22 days before it is required to disclose the information it has redacted.

Upcoming Hearing to Determine Long-Term Outcome

A further hearing is scheduled for February 22nd. This session will focus on determining whether a permanent injunction should be issued, effectively preventing the public release of the contested information indefinitely.

All companies developing and deploying autonomous vehicles in California, including Waymo, are mandated to obtain permits from the California DMV. The application process for these permits necessitates the submission of detailed information regarding safety protocols and underlying technology.

Following the receipt of the public records request, the DMV permitted Waymo to redact portions of its permit application that could potentially reveal proprietary trade secrets. Waymo complied, even censoring specific questions posed by the DMV itself. The redacted application was then provided to the requesting party.

When the requester challenged these redactions, the DMV informed Waymo that it would be compelled to release the information unless Waymo obtained a court injunction. Notably, Waymo states that the DMV also suggested filing a temporary restraining order against itself.

DMV Remains Neutral

During Monday’s hearing, the DMV did not object to Waymo’s request for a temporary restraining order. This lack of opposition suggests the agency prefers to allow the courts to resolve the dispute.

According to the lawsuit filed in the Superior Court of California, Sacramento, Waymo is striving to safeguard details concerning how its autonomous vehicles (AVs) perceive and navigate challenging conditions. The company also aims to protect information related to the conditions under which control is transferred back to a human driver.

Further, Waymo seeks to protect details about its fleet support mechanisms and its procedures for handling disengagement and collision events.

Industry-Wide Implications

Waymo contends that disclosing this information would not only harm its own business and investments in automated driving technology but also create a “chilling effect” throughout the entire industry.

“Potential market participants interested in deploying autonomous vehicles in California will be dissuaded from investing valuable time and resources developing this technology if there is a demonstrated track record of their trade secrets being released,” the lawsuit asserts.

The company argues that a lack of confidentiality could discourage future investment and open communication between the private sector and the DMV. This could lead to companies prioritizing strict regulatory compliance over a collaborative approach to safety, potentially impacting the overall safety of autonomous vehicle technology.

Expert Skepticism

Matthew Wansley, a former general counsel of nuTonomy and a law professor at Yeshiva University’s Cardozo School of Law, has expressed doubt that all of Waymo’s requested redactions would legitimately qualify as trade secrets. He noted, however, that a definitive assessment requires reviewing the redacted information itself.

This ongoing legal battle highlights the tension between public access to information and the protection of proprietary data in the rapidly evolving field of autonomous vehicle technology.