Berlin Regional Court rules against consumer advice center: Tesla’s guardian mode” violates data protection law

Berlin Regional Court rules against consumer advice center: Tesla’s guardian mode” violates data protection law

According to a report by basicthinking.de, the Berlin Regional Court ruled in favor of the Federal Association of Consumer Organizations (VZBV) and decided that Tesla's so-called "guardian mode" violates data protection law. The consumer advice center filed a lawsuit against Tesla in the summer of 2022 because Tesla drivers do not have the opportunity to obtain the consent of passers-by for the recordings by the surrounding cameras. Tesla now has to change its advertising for “Guardian Mode”.

The consumer advice center argued that the use of “guard mode” involved massive data protection violations and that drivers would risk fines. After the oral hearing in court, Tesla signed the requested cease-and-desist declaration. Since the ruling, the company has warned its customers about “guard mode” in the user manual and emphasizes that compliance with applicable regulations and reservations of ownership regarding the use of cameras is the responsibility of vehicle owners.

It remains to be seen whether vehicle owners will forgo “guard mode” in the future. The function is generally intended to protect against theft and the vehicles are equipped with cameras to monitor the surrounding area. The recorded camera images can also be accessed via smartphone.

However, with regard to another lawsuit brought by the VZBV due to misleading advertising about CO2 emissions when purchasing a Tesla, the Berlin Regional Court dismissed it. The consumer advice center had complained that Tesla reported the CO2 emissions of its vehicles as zero grams and at the same time sold CO2 certificates to other car manufacturers, who could thereby increase their emissions. However, the court did not see consumers being misled on this point. However, the VZBV plans to appeal the ruling.

These decisions can have an impact on the market and consumers. Tesla must adapt its advertising and point out that “guard mode” may not be used without obtaining the consent of passers-by. This could influence interest in the feature and lead to lower demand. It also remains to be seen how vehicle owners react to the warning in the user manual and whether they want to forego the “guard mode” or continue to use it.

The VZBV's dismissed lawsuit regarding CO2 emissions has no direct impact on the market or consumers. However, it remains to be seen whether the VZBV will be successful with the appeal and whether this could lead to changes in the CO2 declaration of Tesla vehicles.

Source: According to a report by basicthinking.de