Tesla’s Driver Monitoring System
Following the Tesla recall in December of 2023, Tesla released an over-the-air update to make several changes. One of the changes made during the Tesla recall update was to their driver monitor system located above the rearview mirror. Tesla has had the monitoring system in their vehicles for years; however, they resisted calls to use them until recently. When Autosteer is engaged in a Tesla vehicle, the camera tracks the driver’s head and eye movement and warns the driver to pay attention to deter them from not being attentive. However, the camera only activates when the vehicle is traveling above 30 mph. Additionally, many Tesla models have a Sentry Mode, which provides a security system by recording attempts to break into or vandalize cars. As an extra safety feature, Tesla also programmed the system to record events, people, and objects that come near the vehicle. Although they are meant to benefit the driver, both the driver monitoring system and the Sentry Mode safety system raise questions about whether the vehicle and more specifically the company, Tesla, are watching you.
What Happens to the Recorded Data?
Tesla is constantly recording data relating to your vehicle and its driving history. Data such as charging data, speed, and odometer readings may be accessed, used, and stored by Tesla service technicians periodically or during vehicle servicing for monitoring and improvement purposes. When it comes to video recordings, Tesla maintains that the footage from Sentry Mode and dashcam recordings are not shared with Tesla, and Autopilot recordings are only sent to Tesla if sharing is enabled or in a safety critical event.
However, former Tesla employees have come forward and shared that the video cameras mounted on Tesla vehicles are easily accessible to employees, and images and footage are constantly shared through private corporate channels. The former employees said that Tesla workers would often share short video clips or images with humorous captions that would go viral on their communications platform. Furthermore, the former employees stated that a program could be used to find the exact location of the recordings and identify the owner and where they lived. Additionally, according to the above story, the Tesla employees had access to a feature that would allow them to view camera footage even when the car was turned off, allowing them to see inside people’s garages and private properties.
What Can Tesla Recordings be Used for?
Tesla footage can be used to prove liability in a car accident case where one party owns a Tesla. With the Tesla recording, lawyers and authorities may able to go in and view the accident to evaluate operator actions and determine who was at fault. Additionally, Tesla video footage can be used to aid in cases in which the driver has no part. If your Tesla vehicle is parked in range for its security cameras to pick up on a crime happening, your vehicle’s footage may be used as evidence in that case. In 2020, a Tesla was parked on the side of the road and had its cameras activated. The cameras were able to capture footage of a suspect committing armed robbery on a nearby sidewalk and the car the suspect was driving. Using the Tesla’s security footage, officers were able to capture an image of the robber’s license plate number and track him down. SO there are some positive benefits.
Are There Legal Implications to Tesla’s Use of Video Footage?
With the allegations regarding Tesla employees accessing video footage and sharing footage and images through private corporate channels, there are multiple legal implications Tesla could face. The first legal implication. Tesla has a duty of care owed to their patrons that extends to protecting their customers’ privacy. If the company cameras capture private moments, such as footage from a Tesla owner’s house, their family members, and other personal moments, Additionally, Tesla could face legal implications regarding privacy laws. With Tesla employees being able to access video footage of vehicle owner’s private homes and moments, Tesla may be in violation of privacy laws. Moreover, because the company has stated that Tesla cannot access video footage without permission, some customers have felt mislead about the privacy of their vehicle’s data. There have already been multiple class action lawsuits filed against Tesla regarding privacy violations.
Can a Lawyer Subpoena the Tesla’s Recording for a Car Accident Case?
Lawyers can subpoena a Tesla vehicle’s recording for a car accident case. Since the security cameras on a Tesla are constantly recording, they may be able to prove wrongdoing, fault, or that you were not at fault in a car accident case. Tesla’s come equipped with an Event Data Recorder (EDR) that stores all video footage from wrecks and safety critical events, regardless of whether the owner has opted to share video data, to better understand how the vehicle’s systems performed. If you are in a wreck with a Tesla vehicle, you should at a minimum consider sending a preservation of evidence letter requesting that the video footage from the accident be preserved. If the driver’s insurance company refuses to share the Tesla’s footage from the wreck, your car accident attorney may wish to subpoena the video.
As technology continues to evolve, lawyers and their clients must continue to evaluate what new evidence they may need to prove their case. The driver video in a Tesla, at a minimum, could be beneficial to determining the reasonableness of the driver’s actions. While it may be cost-prohibitive in some cases, in others, it could be worthwhile. As auto manufacturers move closer to producing true autonomous vehicles, it will be interesting to see the role of video in determining liability for driverless car accidents.
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