Tesla must stop advertising because of data protection

In the summer of 2022, the consumer center filed a lawsuit against Tesla because the so-called “guard mode” violated data protection law. The district court of Berlin now agreed with the consumer advocates. The backgrounds.

In the summer of 2022, the Federal Association of Consumers (VZBV) filed a lawsuit against Tesla. In the opinion of the association, the activated so-called “guard mode” of the vehicles violates data protection law. Tesla drivers would therefore not have the opportunity to obtain the consent of passers-by for the camera images.

The district court of Berlin gave the VZBV right on this point. The electric car manufacturer must therefore change its advertising for the surroundings cameras in the future.

“Guardian mode”: Use not possible without violating data protection

Like the consumer center communicated, Tesla signed the cease-and-desist declaration demanded by consumer advocates after the hearing before the Berlin Regional Court. “Camera surveillance by third parties without their knowledge is not possible,” says Ramona Pop, director of the VZBV. She added:

Consumers couldn’t use Tesla’s Sentry Mode without massive data breaches. You risked a fine if the mode was activated. However, this information was missing from the Sentinel mode advertisement.

Tesla adjusts notice for “Sentinel Mode” in owner’s manual

Since the verdict, the electric car manufacturer has been warning its customers in the user manual on the German Teslasite before “sentinel mode”. “You are solely responsible for checking and complying with all local regulations and proprietary notices regarding the use of cameras,” it says.

However, it remains to be seen whether vehicle owners will do without the “guard mode” in the future. Basically, the function should protect against theft. That is why the vehicles are equipped with cameras that record the surroundings of the cars. The recorded camera images can also be accessed via smartphone.

Lawsuit over CO2 emissions failed

The VZBV at the same time complained about misleading advertising about CO2 emissions when buying a Tesla. The District Court Berlin however, dismissed this lawsuit.

The consumer advocates had accused the US automaker of stating the CO2 emissions of its vehicles as zero grams. At the same time, they also pointed out that the company sells CO2 certificates to other car manufacturers, which in turn could increase their emissions.

On this point, however, the regional court does not see any misleading of consumers, according to Ramona Pop. The VZBV However, I will appeal the verdict.

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