Your Vehicle is Collecting Information from Your Phone, But is it an Invasion of Privacy?
According to the U.S. Court of Appeals for the 9th Circuit, your car is legally allowed to store text and call data from your cell phone, raising concerns about the invasion of privacy. The case stemmed from a class-action lawsuit against major car manufacturers Ford, General Motors, Honda, Toyota, and Volkswagen, claiming that the Washington State Privacy Act had been violated due to the vehicles’ infotainment systems automatically downloading text messages and call logs from connected smartphones. The court noted that once the information was stored on the vehicle’s memory, owners were unable to access or delete it.
Ford defended itself by stating that drivers had given “implied consent” for the storage of personal data and offered a “factory reset” procedure on its website to erase all stored data. The company also asserted that it did not have access to, nor could it store, any text or call data from customers’ vehicles. The primary concern raised by the plaintiffs was the risk of third-party data retrieval company, Berla, which produces hardware and software that can extract phone data from connected vehicles. Despite the privacy concerns, the 9th Circuit ruled in favor of the car manufacturers, citing the lack of proof of actual injury for the alleged breach of privacy.
Consumer advocates remain apprehensive about the privacy issues related to vehicle technology, particularly in light of a report by Mozilla News’ *Privacy Not Included team. The report highlighted that modern cars collect excessive personal data, including intimate details about individuals, and share or sell that data in the large majority of cases. This has sparked renewed concerns about the scope of data collection and privacy implications associated with vehicle technology.
The ruling by the 9th Circuit has raised important questions about the privacy implications of modern vehicle technology. With cars collecting extensive personal data from individuals and concerns about third-party data retrieval, there is a growing need for clear regulations and guidelines to safeguard consumer privacy. As technology continues to evolve, particularly in the realm of vehicle connectivity, it is crucial for policymakers and industry stakeholders to address the potential privacy pitfalls and establish robust protections to ensure that personal data is handled responsibly and ethically.
