Tesla's In-Car Cameras Raise Privacy Concerns

A true driver monitoring system with built-in protections and warnings would be an important addition to Tesla’s Full Self-Driving Capability, which includes features that can assist the driver with parking, changing lanes on the highway, and even coming to a complete halt at traffic lights and stop signs. The system remains a misnomer—it does not mean that Tesla vehicles with these systems can drive themselves—and in-the-moment driver monitoring could keep drivers from abusing it.

Instead, says CR’s Funkhouser, Tesla seems to be using cameras for its own benefit. “We have already seen Tesla blaming the driver for not paying attention immediately after news reports of a crash while a driver is using Autopilot,” she says. “Now, Tesla can use video footage to prove that a driver is distracted rather than addressing the reasons why the driver wasn’t paying attention in the first place.”

The automaker may use the cameras for as-yet-unforeseen reasons, too, says Davisson. “I think there’s reason to distrust that this is the whole intended purpose of the system on Tesla’s part,” he says. “It may later be repurposed for a system that is designed to track the behaviors of the driver, potentially for other business purposes.”

Tesla currently allows drivers to opt out of sharing in-car video footage, but even drivers who opt in may not be aware of just how much information they are sharing. Although Tesla says that footage is not paired with a car’s vehicle identification number (VIN), Davisson says occupants’ faces appear to be visible—and those other than the driver may not have consented to being recorded. And it is clear from how the automaker responds to drivers in its Full Self-Driving beta that at least those cars are identifiable, because the company is able to cancel those customers' participation in the program. In addition, Davisson says Tesla has opened up drivers to potential privacy concerns simply by recording and transmitting the footage, because it could be accessed by malicious actors.

Ultimately, the way Tesla is using an in-car camera underscores the need for stronger rules to protect consumers’ safety and privacy in cars, says William Wallace, manager of safety policy at CR. “Advanced features in cars can bring consumers enormous benefits, but it’s important for our laws to make sure that automakers put people ahead of their bottom line. Automotive innovation must come hand-in-hand with strong and sensible consumer protections,” Wallace says.

One example is a bill before the California State Senate that would prohibit certain uses of in-vehicle cameras, including for advertising or sharing data with third parties. Transmitting video recordings off of a vehicle would also be banned without a vehicle owner’s affirmative written consent. CR’s Advocacy team has expressed support for this bill with specific amendments.