When it comes to the use of technology, it is very easy to conclude that modern-day automobiles are akin to "smartphones on wheels," as they contain internet-connected, data-logging computers within their metal, glass and plastic shells.
As a more concerned public becomes more aware about the data that companies collect from our behaviors on smartphones and computers, two U.S. Senators are raising the alarm about some crucial data collected by some of the automakers' cars we invite into the garages and driveways of American families.
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In a letter to the Federal Trade Commission (FTC) dated April 30, Sens. Ron Wyden (D-OR) and Edward Markey (D-MA) called for an investigation into nine automakers — Toyota (TM) , Hyundai (HYMLF) , Kia (KIMTF) , Mercedes-Benz (DDAIF) , Mazda (MZDAF) , BMW (BMWYY) , Volkswagen (VLKAF) , Subaru (FUJHF) , and Nissan (NSANF) for "for deceiving their customers by falsely claiming to require a warrant or court order before turning over customer location data to government agencies."
The Senators point out that in 2014, 19 companies including the ones mentioned signed onto "a voluntary set of privacy principles," where they "pledged to require a warrant or court order before turning over vehicle location data to law enforcement agencies, except in emergencies or with customer consent." These rules which were then submitted to the FTC to enforce by then and then updated in 2018 and 2022.
The letter also revealed that investigations carried out by the offices of the senators found that five automakers — General Motors (GM) , Honda (HMC) , Ford (F) , Tesla (TSLA) and Stellantis (STLA) actually upheld their 2014 commitments, by requiring a warrant for location data, absent an emergency or customer consent.
“Government agencies must already obtain a warrant to demand the contents of Americans’ emails, their private photos backed up to the cloud, and to search their phone. Location data is equally sensitive and deserving of the same strong protections,” the senators said in their letter.
Zoë MacDonald, one of three contributors to Mozilla Foundation's Privacy Not Included series on connected cars told TheStreet in a statement that while it is nice to see policymakers like Sens. Markey and Wyden step up, do research and hold automakers, it would be "practically impossible for consumers to protect their data from cars," though some action can be done to help.
"If you’re buying a new car, be hyper-vigilant during the signup phase," MacDonald told TheStreet. "Don’t connect your phone or download the car’s app before doing a little research. And don’t let the car salesperson set up your connected services for you – do it yourself. That way you can be sure you aren’t being opted in to any apps, services, or data-sharing programs that you aren’t clear on."
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This is not the first time that automaker's handling of sensitive location data has been under scrutiny by lawmakers. Following a Dec. 31 report in The New York Times titled, "Your Car Is Tracking You. Abusive Partners May Be, Too.," Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel wrote a series of letters to leading automakers including Ford, Tesla and GM asking about their policies regarding "connected car" technology and its capabilities regarding domestic abuse.
In the letters, she recounts the chilling story of survivors including one of a woman who was unknowingly tracked by a former partner using her car's connected services, and another whose husband harassed her by remotely turning on her lights and honking the horn at night, as well as remotely running the heater on hot days.
Citing the Safe Connections Act, she emphasized that automakers, like the FCC have a responsibility for making sure domestic abuse survivors have secure access to communications, and likened access to a car as a "critical lifeline."
"[Cars are a] means of escape and independence, and it is often essential for those seeking employment and support. No survivor of domestic violence and abuse should have to choose between giving up their car and allowing themselves to be stalked and harmed by those who can access its data and connectivity," Rosenworcel wrote.
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