Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
How Much Privacy Do You Have in Your Car?
January 13, 2014
Perhaps less than you think.
As a recent New York Times story pointed out, cars are becoming smarter, with global positioning systems, Internet connections, data recorders and high-definition cameras. What does this mean? Your car "knows" that you made a right turn, put your seatbelt on or went 80 miles an hour in a 50 mile an hour zone. Your car is, effectively, "watching you."
There are some valid safety concerns here along with consumer demand for new technology. But there are privacy concerns too and in the age of the NSA knowing way too much, concerns about what the government may know. This week, Senators John Hoeven and Amy Klobuchar are expected to introduce a bill guaranteeing that car owners control the data collected on the car's data recorder.
In case you are not familiar with data recorders (commonly known as black boxes), they collect information such as direction, speed and seatbelt use in a continuous loop. Nearly all cars have them and having them becomes mandatory this September.
Fourteen states have already passed laws similar to the anticipated federal bill. The data collected by the black box has already been the center of litigation by law enforcement agencies and insurance companies seeking to use the information against car owners. The bill would limit what the data could be used for and would require a warrant to release the data without the owner’s consent.
This is a good beginning. But my, oh my, look what is coming down the turnpike.
Google has announced its partnership with G.M., Audi, Honda and Hyundai to bring its Android platform to vehicle infotainment systems (I guess infotainment is officially a word now) by the end of this year. G.M. said it would start an app shop, where drivers can use apps like Priceline.com to book a hotel room and CitySeeker, which provides information about attractions and restaurants near the vehicle. Soon, we will no doubt be able to search for any retailer near our location.
Then there is the Corvette, in which a camera mounted on the windshield records the driver’s point of view and a microphone records any noises made in the car. So much for the "Lover's Lane" escapades of old.
Chevrolet says that consumers own the data, which is collected in a digital card housed in the glove compartment. But privacy lawyers say that the information can still be used against a driver, as well as G.M. and its suppliers, in litigation or by an insurance company investigating a driver’s habits.
Garmin has introduced a new windshield-suctioned camera that turns on automatically when the car starts. It records wide-angle footage as well as speed, location and time in the event of a collision, and also has a microphone that can record sound from within the car. A Garmin spokesman says Garmin can't access the data and that you own it, but once again, it could be required as part of discovery in litigation. Also, while there is no current way to transfer the data from the car wirelessly, does anyone believe that there won't be?
Last Monday, the Government Accountability Office released a report stating that some automakers were keeping private data collected from onboard navigation systems and mapping apps for varying lengths of time and that car owners could not request that it be erased.
Maybe it's time to dust off your bicycle.