Driving Dystopia: Judge Dismisses Automotive Privacy Lawsuit
Last week, a federal judge in Seattle dismissed a series of class action lawsuits against automotive manufacturers, claiming violations of Washington State’s privacy laws. The lawsuits alleged that on-board infotainment systems in vehicles from Ford, Honda, General Motors, Toyota, and Volkswagen were recording customers’ private text messages and call logs. Despite the existence of substantial evidence supporting these claims, the judge ruled that they did not meet the threshold for a violation of the Washington Privacy Act (WPA).
Privacy Concerns in the Automotive Industry
In recent years, concerns about user privacy in modern automobiles have grown. While the industry has downplayed data harvesting as telematics analysis for troubleshooting and maintenance purposes, it has been revealed that vehicles’ privacy practices are often worse than those of smartphones. When paired with a mobile device, cars immediately extract as much data as possible. A study by the Mozilla Foundation highlighted these issues, but many consumers were already aware of the invasive nature of automotive connectivity and the lack of privacy protection.
Manufacturers collect data for marketing and development purposes, but there have been instances of data being sold to third parties without drivers’ consent. Despite this, some individuals still dismiss privacy concerns related to cars.
Jen Caltrider, who conducted research for the Mozilla Foundation study, emphasized the need to address privacy issues in cars: “Cars seem to have really flown under the privacy radar, and I’m really hoping that we can help remedy that because they are truly awful. Cars have microphones and cameras that can capture sensitive conversations.”
The Lawsuits and Their Dismissal
The class action lawsuits against Ford, Honda, General Motors, Toyota, and Volkswagen primarily focused on the transmission of phone data to manufacturers. The case against Ford had been previously dismissed on appeal, while the plaintiffs in the other four cases appealed a prior judge’s dismissal. However, the appellate judge ruled that the Washington Privacy Act required plaintiffs to prove a threat to their business, person, or reputation.
The Need for Regulatory Action
Despite some states implementing laws to protect user privacy, there has been limited regulatory pushback against data harvesting in vehicles. Automakers and companies selling smart devices continue to collect user data without sufficient regulation. Additionally, concerns have been raised about integrating services like Amazon’s Alexa into cars, as they may compromise user privacy.
Various entities, including insurance agencies and data brokers, are interested in accessing the vast amount of data collected by vehicles. However, U.S. lawmakers and courts have yet to effectively address the issue.
The Future of Privacy in Cars
While the Washington cases were dismissed, there is still hope for progress. Non-civil suits that involve broader consumer protections and illegal business practices may have a better chance of success. Awareness of privacy issues in cars is growing among the public, with consumer advocacy groups and the right-to-repair movement advocating for data ownership rights and greater control over personal information.
However, significant challenges remain on the road to privacy protection. The automotive industry’s data harvesting practices are estimated to be worth billions of dollars annually, making it unlikely that relevant companies will easily relinquish their data collection efforts.
[Image: General Motors]
Become a TTAC insider. Get the latest news, features, TTAC takes, and everything else that gets to the truth about cars first by subscribing to our newsletter.