5 ms·
Why would the request for "any and all data" not yield ALL of the data in the first place? Is it because you must request specific data? Is making a request fo
by gzer0 5y ago
Why would the request for "any and all data" not yield ALL of the data in the first place?
Is it because you must request specific data? Is making a request for all data from the manufacturer not allowed?
Am I missing something here?
- tdrdt 5y agoI am not sure. Maybe the law states you can only investigate what you need to investigate. Climate control and music volume settings might be irrelevant.
- ifjimelse 5y agoIf they are making a Subject Access Request under the GDPR (which they should be), then yes, Tesla should be providing: * what personal information the organisation holds about them; * how they are using it; * who they are sharing it with; and * where they got their data from. https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/ https://ico.org.uk/your-data-matters/your-right-to-get-copie...
- cnorthwood 5y agowould driving data/telemetry be categorised as personal data under GDPR? I assume cars could have multiple drivers so unless there's a clear way of deriving the person from the data itself it might be classed as anonymous and therefore not in scope
- ifjimelse 5y agoYes it likely would be, if it’s timestamped log data. Even if there are multiple drivers, the data recorded still relates “to an identified or identifiable individual”. Simply knowing who was driving the car when, which shouldn’t be difficult if it’s your car, makes the specific individual identifiable. Not having individuals’ names / email addresses etc. in a dataset of multiple people, doesn’t mean that the data is anonymous. See for example https://www.nytimes.com/interactive/2019/12/19/opinion/location-tracking-cell-phone.html https://www.nytimes.com/interactive/2019/12/19/opinion/locat...
- PeterisP 5y agoIt's not a person requesting data about themselves under GDPR, it's the dutch prosecutors and courts requesting data from Tesla for a criminal investigation. "they" is not the driver but the dutch authorities; GDPR simply is not relevant at all for this case (e.g. GDPR article 2.d explicitly states that GDPR does not apply to activities like these), general rules of criminal process and court orders apply.
- ifjimelse 5y agoYes, that’s true. I was more thinking about the general research they were doing into establishing what data various Tesla models record. i.e. purchase a vehicle, drive it around (perhaps crash it if the research grant can stretch to that), submit a SAR. Any discrepancy between what personal data Tesla provide and what they found when they decrypted it themselves feels like the main story here to me.
- relativ575 5y agoIt wasn't a request for "all and any data". From the article: > Tesla however only supplies a specific subset of signals, only the ones requested, for a specific timeframe, whereas the log files contain all the recorded signals Tesla provided exactly what was requested and nothing more. Now that the government knows what is more in the data they can request that too, even if it's irrelevant to the investigations.
- micheljansen 5y agoInterestingly I once requested my telemetry data under GDPR for an accident and I did get a dump of everything.