I think a legal challenge on Drive Smart should happen.But will it? who could challenge This draconiam measure?
If, I was under 30 (wishfull thinking) or had a driver under 30, I would certainly challenge and go to the Ombudsman if necessary, who would almost certainly see it a breach of of data protection, especially, the continued monitoring, when not in the scheme car. It’s up to those in this situation to challenge it!
Sadly not how it works.
From a legal standpoint, there is nothing wrong. It’s not a breach of data protection – or rather, data protection isn’t an all-shielding umbrella against any intrusion.
Let me get out of the way that i think that this nonsense is awful, and i will leave the scheme once i am required to use that app (ie. if it gets expanded to all of us).
For the legal standpoint: the law requires a lawful basis for them to collect data, which they have. They do have a legitimate interest (doesn’t matter how much i don’t think they do, before the law, they do) in that data (for the insurance part). As for the passenger part, this is simply due to how the entire scheme is set up.
There’s two options. Either the phone tracks all journeys, or it requires you to manually “start” the app every time you drive your car. The app only knows you’re moving, not whether or not you’re the driver. Imagine the administrative nightmare it would be to constantly check everyone’s app against the mileage of the car, to see if they “manually start the app” every time they drive, and terminate leases based on that.
This is the only workable approach (and it’s legal) – it’s just absolutely dogshit for customers, and i don’t think they’re doing themselves a favour there.
Lastly.. in the end, Motability isn’t legally required to allow you access to the car in the first place. Based on that alone there’s no legal case. You’re not entitled to a lease, and it’s not discriminatory against younger drivers (and never has been, since all insurers treat young drivers differently – it doesn’t breach the EA2010).
So.. Don’t get this wrong, as i said, i think this is absolutely awful, but people shouldn’t get their hopes or tempers up citing laws. This is perfectly legal, and you will not find an ombudsman or court that’ll side with you on legal grounds. They will all agree that this is bollocks, but that legally, there’s nothing to be done.
The only option is to vote with your feet, and let MB know by sending an email too. They may get cold feet at some point – but this will only change if this change leads to loss of money rather than cost savings in insurance.
Prior: SEAT Ateca Xcellence Lux 1.5 TSI DSG MY19, VW Golf GTE PHEV DSG MY23
Current: Hyundai Ioniq 6 Ultimate
Next: we'll see what's available in 2028.