Matheus Puppe comments on the data privacy case on Canaltech.

News published on Canaltech concerns an accusation against a vehicle manufacturer for allegedly violating privacy and lying about carbon emissions. Dr. Matheus Puppe partner in the TMT, Privacy & Data Protection area at Maneira Advogados, commented on the topic.

Tesla is accused of violating privacy and lying about carbon emissions

By Felipe Demartini | Edited by Claudio Yuge | July 20, 2022

A German consumer protection group filed a lawsuit against the automaker Tesla for violating the privacy of citizens and not telling the truth about carbon emissions. The action was initiated in a court in the capital, Berlin, and highlights discrepancies between a security system that allows monitoring by cameras and the data protection laws in force in the country.

The core of the process is the so-called Sentry Mode, activated whenever compatible Tesla models are parked. It allows the user to be alerted about possible risks to the integrity of the vehicle, from someone sitting on the hood to an attempted break-in or breaking windows, triggering alarms and recording videos that can later be used as proof of what happened.

The problem, according to the Federation of German Consumer Organizations (VZBV, in German), is that Tesla does not inform users that the use of cameras around the vehicle can generate fines provided for in the General Data Protection Regulation (GDPR, in English). The European equivalent to our LGPD (General Data Protection Law) provides for prior authorizations for the processing of images recorded by such devices, something impossible in a situation of constant monitoring.

In the view of the consumer protection agency, the laws of the Old Continent make the resource, which is authorized for use in the USA, unviable. As Sentry Mode is also cited as a differentiator for Tesla vehicles, the manufacturer would have left this aspect aside, as a way of maintaining the discourse that would directly lead to the sale of more cars.

“Broad consent, including from passers-by, certainly goes beyond what is reasonable. The broad and extensive interpretation of the GDPR by the German data protection authorities negatively surprises us again”, says Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados. “Certainly, the concern is valid and we must pay attention to personal data, but we cannot let this hinder economic development.”

Tesla's half-words about the environment

Similarly, Tesla would also not be telling the whole story when talking about the carbon emissions involved in its operation. While electric vehicles do not pollute, the same could not be said about their manufacturing process, with the body stating the company is not transparent about this aspect in its reports.

Furthermore, the company would not be explaining that it sells carbon emission credits to other automakers. The idea that unrelated companies would be releasing pollutants calls into question the idea that Tesla's electric cars would help protect the environment, another aspect also cited as a great marketing platform for the company. href="https://canaltech.com.br/celebridade/elon-musk/?utm_source=linkagem&utm_medium=artigo&utm_campaign=-site-celebridade-linkagem-artigo&utm_content=27131774">Elon Musk.

According to VZBV's statement on the matter, Tesla would have earned US$1.6 billion from the sale of these credits in 2020 alone, while allowing other companies to exceed legal carbon emission limits. The case opened in German court asks the company to be transparent about both matters and to compensate customers who feel aggrieved or are fined under the terms of the GDPR.

Tesla, on the other hand, did not comment on the matter. In December, the consumer protection agency said it had contacted the automaker and heard a promise that the terms related to the two topics in documents, manuals and reports would become clearer, but that, too, would never have happened.

Source: VZBV

https://canaltech.com.br/carros/tesla-e-acusada-de-fazer-privacidade-e-mentir-sobre-emissoes-de-carbono-221240/