California Passes New Law to Protect Consumer Privacy in Vehicles
As in-vehicle cameras become more prevalent in new cars, concerns about the use of pictures, videos, and audio data by manufacturers have raised privacy issues. However, California has taken a significant step to address these concerns by passing a new law that restricts the use and sharing of such information.
The recently signed Senate Bill 296, authored by Sen. Bill Dodd (D-Napa), aims to protect consumer privacy by requiring dealers to inform customers about the presence of cameras in their vehicles. The law also prohibits the sharing of footage with third parties without the owner’s consent. Violations of the law can result in fines of up to $2,500 per incident for dealers or manufacturers, enforced by the California Attorney General or district attorneys.
“We find ourselves being recorded or surveilled with no idea how the images are being used. This erosion of privacy is now happening inside our own cars,” said Sen. Dodd, emphasizing the need for this legislation.
The new law grants consumers more control over their personal information. It allows the sharing of pictures and videos with third parties only when necessary for diagnostics, repairs, or vehicle improvements, and exempts certain accidents requiring federal investigations or reporting to emergency services.
The need for this law arose after viral videos surfaced on social media, showing Tesla employees sharing videos captured without the owners’ knowledge. These incidents prompted lawmakers to address the invasion of privacy.
A recent report by the Mozilla Foundation revealed that 25 major car brands, including BMW, Tesla, and Toyota, received poor ratings for consumer privacy. These brands collect personal data such as sexual activity, immigration status, and facial expressions, raising concerns about privacy invasion.
The data collected by car brands comes from various sources, including sensors, microphones, cameras, and connected devices used by drivers. This data is sometimes sold to third parties or used by car manufacturers to analyze driver behavior.
The Consumer Federation of California, a nonprofit advocacy organization, expressed its support for the new law. They stated that it protects consumers from the unwanted sharing of their personal information, building upon a similar bill that was vetoed last year.
Tesla cars recharge at a Tesla Supercharger station in San Francisco on Feb. 15, 2023. (Justin Sullivan/Getty Images)
Robert Herrell, the executive director of the nonprofit, praised the approval of the bill and highlighted the importance of protecting consumer privacy. He acknowledged that minor amendments were made to the previous bill to clarify the sharing of videos and images for safety system improvements.
TechNet, a network of tech companies, initially opposed the bill but changed its stance to neutral after the amendments. They emphasized the need to protect consumer data while allowing innovation and improvement of vehicle safety features.
The new law will take effect on January 1, providing Californians with increased privacy protection in their vehicles.
How does the new law in California address the privacy concerns associated with connected cars?
S-the-truth-about-your-data-in-connected-cars/” target=”_blank”>Mozilla Foundation highlighted the privacy concerns surrounding connected cars. The report found that major automakers are failing to protect customer privacy and collect excessive amounts of personal data without proper consent. This new law in California is a step towards addressing these concerns and ensuring that consumers have greater control over their own data.
Under the new law, both auto manufacturers and dealers are obligated to inform consumers in writing about the presence of cameras in their vehicles at the time of purchase or lease. This information must be provided in a clear and conspicuous manner, allowing consumers to make informed decisions about their privacy.
The law also requires that manufacturers and dealers obtain the customer’s explicit consent in order to retain or use pictures, videos, or audio data collected from the vehicle’s cameras. This consent must be separate from any other agreement or disclosure, ensuring that consumers fully understand and consent to the use of their personal information.
Moreover, the law mandates that any footage shared with third parties must be done so for specific purposes, such as diagnostics or repairs. This provision ensures that personal data is not used or shared indiscriminately, safeguarding consumer privacy.
The legislation also recognizes the importance of government investigations and emergency services. In certain cases, manufacturers and dealers are still allowed to retain or share footage without the owner’s consent, but only when required by federal investigations or reporting to emergency services. This exemption balances the need for privacy with the necessary sharing of information in critical situations.
The new law in California is a significant development in protecting consumer privacy in vehicles. It establishes clear guidelines for manufacturers and dealers regarding the use and sharing of customer data collected by in-vehicle cameras. By requiring informed consent, restricting third-party sharing, and providing exceptions for specific circumstances, the law empowers consumers to maintain control over their personal information.
With the increased adoption of in-vehicle cameras, it is essential that privacy concerns are adequately addressed. This legislation serves as an important precedent for other states and jurisdictions to follow, as they too strive to protect consumer privacy in the rapidly evolving automotive industry.
By taking proactive measures to safeguard privacy, California is setting an example for other states and countries to prioritize the protection of consumer data and ensure that emerging technologies do not come at the expense of individual privacy rights.
It is crucial for manufacturers, dealers, and regulators to work together to implement strong privacy policies and practices that are transparent, consent-based, and uphold consumer rights. Only then can we strike the right balance between technological advancements and personal privacy, allowing individuals to enjoy the benefits of new technologies while preserving their fundamental right to privacy.
