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

consumeraffairs.com

261–270 of 298 posts

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

#261

Earlier quoted context omitted.

Only if you are in the EU. Many Tesla drivers aren't.

just drive over to the EU. Is there a supercharge in the atlantic yet?

Maybe the next big thing will be an electric boat with floating chargers powered by an solar array.

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

#262

Earlier quoted context omitted.

No. You know what sounds nice? Having the choice to not buy a Tesla. I don’t need Government™ to tell me what kind of contracts I can agree to.

> Having the choice to not buy a Tesla. If Tesla's business model proves successful, all other car makers will copy it, and then it doesn't matter which brand you buy. Look at the TV market. You technically have the choice not to buy a "Smart TV," which sells your info to god-knows how many third-parties and spies on you 24/7. But good luck finding one. Sony, Samsung, LG? They all have the same spyware features. Your…

How about create a purchasers’ union and use your collective purchasing power to influence the behavior of companies, the way that companies use their power to control consumers.

I don’t have any problem with your union; in fact, I might join such a union. Just don’t force everyone to join it, which is what happens when laws are made for everyone as a result of the bad decisions of some.

I don’t know if such a union is legal to form… which I guess illustrates the point that @gonational is trying to make; too many laws can bite you.

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

#263

So this is something that has always kind of bugged me about Tesla. If you have an accident, they are more than happy to drop the crash data "proving" that you were at fault, look at the recent stories about running into a road barrier and the back of a firetruck for recent examples of this. And, of course, they don't ask you first if they can release it. However, if you want the data, you can't have it… you have to…

I am still a bit amazed that we haven't had a major lawsuit that heavily fines/restricts most of Tesla's behavior at this point. They seem to think a car that they've sold is still theirs, and that they can do these sorts of things. Another big one is using the Autopilot sensors to collect data to send back to Tesla even if you don't buy or use Autopilot, or their refusal to "activate" a salvaged vehicle that you legally have a title for if they don't like how it was repaired or who serviced it.

Cars are a significant property which, unlike a lot of other items, even comes with a proper title of ownership, it's hard to imagine any of Tesla's behavior regarding the car's data, activation practices, etc. would hold up in a court of law.

Given that most people who can afford Teslas can afford lawyers, I'm kinda surprised nobody's gone for the payday.

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

#264
post #208

So this is something that has always kind of bugged me about Tesla. If you have an accident, they are more than happy to drop the crash data "proving" that you were at fault, look at the recent stories about running into a road barrier and the back of a firetruck for recent examples of this. And, of course, they don't ask you first if they can release it. However, if you want the data, you can't have it… you have to…

This only seems to happen for accidents that turn into national news, speculating that Tesla was at fault (or with drivers actively accusing them of fault). Their response is (understandably I think) to defend themselves when they can show they weren't at fault. I'd assume that if you have an accident and don't make it a media story, they don't publish your driving errors.

So I personally understand that _Tesla wants this_. I just don't agree that Tesla should be allowed to do this. It will be interesting to see what happens when the next European accident happens now that GDPR is in place, since I am pretty sure that they do not have _explicit_ consent for this. _I_ have _definitely_ not given explicit consent for this, and even if it is written into the contract in a vague way, that will not be good enough to stop a GDPR infraction.

And that is something that I support the GDPR for.

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

#265
post #249
post #238

Earlier quoted context omitted.

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.

Doesn't this mean that even a US company which explicitly verifies it only works with US citizens must still IP block all of Europe to comply?

EDIT: A nasty surprise that might be, too, if it turns out there was important data via that service that you wanted to access abroad but couldn't.

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

#267
post #47

Earlier quoted context omitted.

GDPR doesn't sound so bad now, does it? :)

Well, I'm (living as an) European, so I actually support GDPR anyway. But yes, I always wondered exactly what grounds they used to publish some of this data.

I'm curious why you think that being European implies you also support GDPR.

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

#268

Earlier quoted context omitted.

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-…

In addition to the other reply, “it’s part of the same company” is incorrect. These organizations are related but aren’t “the same company.” They’re intentionally organized this way. Ireland can go after Apple Ireland, but they’ve got no jurisdiction to go after Apple, Inc in California.

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

#270
post #171

Earlier quoted context omitted.

I don't need a reason to not buy Tesla, I need a reason to buy Tesla. Belief in Musk's vision and the awesomeness of the car was that reason. Without both of those things being true, there's no reason to buy something that new and untested. It's like asking me to buy a Kickstarter car.

Maybe there's an element to this that I'm simply missing, but I don't believe Musk's vision has changed, and Tesla's internal policies regarding the release of crash data to consumers doesn't say anything about the 'awesomeness' of the car itself. Your ownership experience of the car will be affected by Tesla's policies, for sure, but regardless of what Tesla does or does not do with crash data, the car itself doesn'…

> Maybe there's an element to this that I'm simply missing,

From a consumer standpoint you're buying a black box controlled by a company that frequently behaves in a overtly hostile manner towards the "owners".

Imagine Apple not letting you use the accelerometer or GPS sensors in your phone. Instead they'd just collect telemetry from it. Now imagine you claim a "spontaneous shattering of the screen". To counter this, Apple publishes select pieces to show that the phone experienced acceleration consistent with a crash after a drop. On Twitter.

Now would you expect Apple to do that? I'm not finished. Would Apple go on the record to say that you personally have not been taking proper care of your phone? That's what Tesla is doing.

> Tesla's internal policies regarding the release of crash data to consumers doesn't say anything about the 'awesomeness' of the car itself.

Much like food by a cook that doesn't wash hands can still be delicious.

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