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Tesla won’t give drivers their own crash data without a court order

consumeraffairs.com

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Re: Tesla won’t give drivers their own crash data without a court order

#241

Post by lucb1e »

rjmunro wrote: post #180
lucb1e wrote: post #87

Earlier quoted context omitted.

It's often data about you, in which case it's linked to you in which case it falls under GDPR. This crash data is definitely about you, as general driving data would be. Your home's temperature won't be, so GDPR indeed won't apply there, but GDPR is a good first step. (I mean, EU already had it since 1995, but in USA it would be a good first step.) I agree that your proposal would be a good extension. Or at least tha…

If the nest information is tied to your address (which is clearly personal), doesn't that make it personal information?

If they can retrieve whose house it was, then yes. But if they send it to the mothership and aggregate or anonymize it, then not. For example if they show you your house's temperature history, I assume it falls under GDPR because it's tied to your account so it's included with data about you.

Re: Tesla won’t give drivers their own crash data without a court order

#242

Post by ascorbic »

danso wrote: post #4

I imagine this policy would have to be different for those in the UK, right? I thought I had read that the Data Protection Act (of 1998) forced companies to send data in situations they would not for other countries: https://www.gov.uk/respond-data-protection-request > Under data protection law, anyone can ask if your organisation holds personal information about them - you must respond to their request as soon as po…

Yes, and the whole of the EU. The Data Protection Act is in the process of being replaced with a new Act that incorporates the GDPR into UK law. The GDPR expands that right further.

Re: Tesla won’t give drivers their own crash data without a court order

#243

Post by abritinthebay »

delinka wrote: post #240
CiaranMcNulty wrote: post #232

Earlier quoted context omitted.

If it has a US subsidiary (which is fairly likely for tax etc) then that entity has to give you your data.

And who has jurisdiction to enforce that? Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever? Does that court have authority to compel the release by the US division? Can the EU court compel a US court to find similarly? Point: how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-prese…

> Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever?

No, they'd sue to get it from the EU one. As it's part of the same company. The rest of your questions are predicated on the core misunderstanding you have of this so don't apply.

> how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-presence?

4 percent of the organization's annual global revenue will work quite well I'd imagine.

Re: Tesla won’t give drivers their own crash data without a court order

#244

Post by moreira »

delinka wrote: post #240
CiaranMcNulty wrote: post #232

Earlier quoted context omitted.

If it has a US subsidiary (which is fairly likely for tax etc) then that entity has to give you your data.

And who has jurisdiction to enforce that? Can a US citizen (who has never been in the EU) sue in an EU court to compel release of the US citizen's data from the US division/unit/hq/whatever? Does that court have authority to compel the release by the US division? Can the EU court compel a US court to find similarly? Point: how is the GDPR ever going to be enforced between US citizens and US companies-with-an-EU-prese…

Agreed, it’s not likely to be enforced. Note that you cannot sue anyone over the GDPR, however. That is a fundamental misunderstanding that I keep seeing repeated - the GDPR only gives people the right to report companies to the relevant authority. The authority can then investigate and issue a warning/fine as they see fit.

Re: Tesla won’t give drivers their own crash data without a court order

#245

Post by pooya13 »

robrenaud wrote: post #36

This is a bunch of PR nonsense. > When asked why Tesla has an apparent policy requiring drivers who want their own data to file for a subpoena, a spokesperson framed it as a privacy issue. > “We handle all customer data in accordance with our Owner’s Manual and privacy policy, which clearly outlines the type of data we collect and the lengths that we go to protect a customers’ privacy in the process,” Tesla said via…

I doubt this will have much positive PR reception. More likely this is to minimize liability cases. However I am not sure how I feel about this. Is it fair to require Tesla to provide data that might increase the chances of liability, but not require other manufacturers to record and report the same?

Re: Tesla won’t give drivers their own crash data without a court order

#247

Post by lightedman »

exabrial wrote: post #224

It would appear that US law states that the owner of the vehicle owns the Event Data. https://en.wikipedia.org/wiki/Event_data_recorder

No. From your link: "NHTSA also required that all manufacturers make their EDR data publicly available."

It is public information.

Re: Tesla won’t give drivers their own crash data without a court order

#248

Post by lightedman »

beauzero wrote: post #56

Stupid question but don't insurance companies require access to this data? Seems odd.

The NHTSA explicitly requires car makers to make this data public, so Tesla is flat-out wrong and needs to be heavily fined for breaking the regulation multiple times over.

Re: Tesla won’t give drivers their own crash data without a court order

#249

Post by s3krit »

dpwm wrote: post #238
stordoff wrote: post #213

Earlier quoted context omitted.

I don't believe that's true. For processors outside of the Union, it applies to "data subjects in the Union" or "monitoring [...] within the Union". https://gdpr-info.eu/art-3-gdpr/

Does this mean that if a US citizen goes on holiday to a country in the European Union, that they are a data subject in the European Union?

Yes, as I understand it, that is correct. When you are in a country that is a member of the EU, your data held by companies is subject to the GDPR.

Re: Tesla won’t give drivers their own crash data without a court order

#250

Post by lozaning »

taejo wrote: post #226
cataphract wrote: post #200

Earlier quoted context omitted.

Can't you just not connect them to the Internet?

You can try. I recently learned that Ethernet-over-HDMI is a thing: now that you know that, you can potentially disable it on the other end of the connection, but lots of people are connecting their TVs to the internet without even knowing.

The protocol supports it yes, but I think you'd have a hard time finding a single person who has ever inadvertently connected their TV to the internet through HDMI. Hell I think you'd have a hard time finding a TV that even supports this functionality, and if you do my bet is it's a specialty thing made for the hospitality/service industry.
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