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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
by robrenaud 8y ago
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 email, referencing back to a statement on the Tesla website about the company’s data collection practices.
You can pay a third party $1000 to access the data, or Telsa will publicly shame your driving if they think you are in the wrong during a crash, but they really need to fight you to protect your privacy from yourself?
- arghwhat 8y agoAh, how wonderful that the GDPR is now in place, making this as easy as issuing a subject access request.
- craftyguy 8y agoOnly if you are in the EU. Many Tesla drivers aren't.
- gameswithgo 8y agojust drive over to the EU. Is there a supercharge in the atlantic yet?
- ccozan 8y agoMaybe the next big thing will be an electric boat with floating chargers powered by an solar array.
- nemoniac 8y agoThe GDPR also holds for European Tesla drivers outside the EU.
- lumisota 8y agoIs this true? Doesn't the GDPR only applied to those within the EU (i.e., resident or not), or anyone, anywhere, if the company handling the data is in the EU?
- stordoff 8y agoI 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/ https://gdpr-info.eu/art-3-gdpr/
- dpwm 8y agoDoes 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?
- s3krit 8y agoYes, 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.
- lenocinor 8y agoDoesn'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.
- iofiiiiiiiii 8y agoOnly if they actually have a legal presence in the EU. If they are a US company that has no legal entity established in the EU, the laws of the EU have no effect on them.
- tzs 8y agoIf Tesla has a branch or subsidiary or something similar in the EU, then GDPR applies regardless of where the data is actually processed or where the data subject is.
- emodendroket 8y agoIf the customer is in the US (or any other non-EU jurisdiction) they don't have to follow GDPR for them.
- breakingcups 8y agoNo. If you're a US citizen* doing business with a US-based company you don't have the right to request your own data, even if that company also does business in Europe. * and there are European citizen dual passport shenanigans
- tzs 8y agoIf it is a US company that does business in Europe, but is not established in the Union, you are correct. If the company is established in the Union, then GDPR applies to all personal data processing it does. See Article 3(1): "This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not." The question, then, is Tesla merely a company that is offering goods and services to people in the Union, but not itself established in the Union, or is Tesla established in the Union?
- cosmojg 8y agoWhat does "established in the union" even mean?
- daniel-alex 8y agoI read it as based/headquartered in the European Union.
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- deleted 8y ago[deleted]
- Animats 8y agoThat's not even accessing Tesla's data. That's just accessing the airbag system's event data recorder, which is a US-mandated device in the airbag controller, not a Tesla thing. Airbag controllers have a circular buffer of the last 15 seconds or so of the vehicle basics - speed, steering angle, acceleration, braking. No GPS. That data can usually be retrieved from the wreckage after a crash. This requires physical access to the vehicle. The data is used to analyze airbag failures, especially unwanted airbag deployments, and for crash reconstruction. Airbag controller data is much less extensive than what Tesla seems to sending back to the mothership.
- SilasX 8y agoI can understand not letting a rando off the street see the data, or taking extra measures to authenticate that you’re the actual owner at the time of the recording, but otherwise “privacy” doesn’t seem like a good enough reason. More likely it’s “we want to be the only one who can see it.” Semi-related: Reminds me of the time Amazon promoted a “recommend books to your friends” feature, and someone used it to make a recommendation to me with a vaguely threatening message attached. I asked them who it was and they screamed bloody murder about protecting customer privacy and I’m like “really? Privacy of your identity to a friend you’re recommending a book to? As a feature that you’re allowing to be repurposed into an anonymous messaging service?” (Eventually they relented.)
- pooya13 8y agoI 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?
- newfoundglory 8y agoIt is certainly done in many other cases - it is often illegal to withhold information you have without being mandated to collect that information, such as when selling a house with defects.
- MentallyRetired 8y agoWhy would they? So uneducated people with a chip on their shoulder can pore over the data and write misinformed articles citing the data as their facts? Why would any company do that? The truth of the matter is, hardly anyone is even equipped to make use of that data. The only attempts by most amateurs would result in factually inaccurate or misrepresented scenarios. Add to the fact that the people who want this data likely are looking to pin some kind of blame on Tesla for one thing or another and you have a no-go. Unless you know both computers at an expert level, and cars, and a high degree of comprehension of physics... this data will be useless other than to try to prove a "point".