Dummy cameras are only permitted if they don't appear deceptively real and don't monitor unfamiliar areas. Doorbells with camera functionality are permitted if they only transmit images after the doorbell is pressed and if they are not permanently stored.

Recordings may not be stored for longer than 72 hours, and the storage technology used must comply with data protection requirements. Following these rules can help avoid legal problems and fines.

Read more about this in this Article.

Der Beitrag Überwachungskameras am Haus: Was ist erlaubt? erschien zuerst auf R&U.

In the summer of 2022, the German Consumer Organization Association (VZBV) filed a lawsuit against Tesla. According to the association, the activated "guard mode" of the vehicles violates data protection regulations. Tesla drivers are therefore unable to obtain the consent of passersby for the cameras to record their vehicles.

The Berlin Regional Court agreed with the VZBV on this issue. Tesla is now required to adapt its advertising for the vehicle's surround-view cameras accordingly.

“Guardian mode”: Use only possible with data protection violation

According to a statement from the Consumer Protection Association, Tesla signed the cease-and-desist declaration demanded by the consumer advocates following the oral hearing before the Berlin Regional Court. "Surveillance of third parties through cameras without their knowledge is unlawful," explained Ramona Pop, chairwoman of the Consumer Protection Association. She added:

Consumers could only use Tesla's "Sentinel Mode" if they were to commit a significant data breach. Activating the mode would have resulted in a fine. However, this fact was not disclosed in the "Sentinel Mode" advertisement.

Tesla changes note on “Sentinel Mode” in user manual

Following the ruling, Tesla updated the "Sentinel Mode" notice in the owner's manual on Tesla's German website. It now states: "You are solely responsible for reviewing and complying with all local regulations and property restrictions regarding the use of cameras."

Whether vehicle owners will activate "Sentinel Mode" in the future remains to be seen. The feature is essentially designed to prevent theft and is equipped with cameras that monitor the vehicle's surroundings. The captured images can also be accessed via a smartphone.

Lawsuit over CO2 emissions failed

At the same time, the VZBV filed a lawsuit for misleading advertising regarding CO2 emissions when purchasing a Tesla, but the Berlin Regional Court dismissed the lawsuit.

Consumer advocates had accused Tesla of claiming zero grams of CO2 emissions from its vehicles while simultaneously selling CO2 certificates to other car manufacturers, which could increase their emissions.

However, the regional court did not consider this representation to be misleading to consumers, explained Ramona Pop. However, the VZBV plans to appeal this ruling.

Der Beitrag „Wächter-Modus“: Tesla muss Werbemaßnahmen aufgrund von Datenschutzvorgaben einstellen erschien zuerst auf R&U.

Read here the full article.

Der Beitrag Schon damals Thema: Tesla-Mitarbeiter teilten private Aufnahmen von Kundenfahrzeugen erschien zuerst auf R&U.

Tesla's Sentinel Mode, which records the vehicle's surroundings, is at the center of a debate about data protection and legal issues. Police authorities are using the recordings as evidence, while consumer organizations and data protection advocates are raising concerns about Tesla's data protection practices. A lawsuit by the German Association of German Automobile Manufacturers (vzbv) resulted in a cease-and-desist order forcing Tesla to change its advertising policies, while simultaneously raising questions about the legality of such technologies.
Read here the whole article.

Tesla Guardian Mode and GDPR: Court ruling clarifies data protection obligations

A ruling by the Austrian Federal Administrative Court sheds light on the data protection challenges posed by Tesla's Sentinel Mode. The court found that by activating Sentinel Mode, vehicle owners become "controllers" within the meaning of the GDPR, which requires an obligation to inform data subjects. This applies even if no recordings are made. The decision underscores the need for transparent communication about video surveillance, which could have far-reaching consequences for the use of such technologies in private vehicles within the EU.
Read here the whole article.

How to protect your data and privacy as a Tesla owner: Opt-out options and risks

Tesla collects a significant amount of data through sensors, cameras, and apps to enable features like Autopilot and Sentry Mode. To protect your privacy, you can disable data sharing in the settings. However, doing so will result in limited vehicle functionality, including the loss of safety features and software updates. Despite the ability to minimize data collection, there remains a risk that Tesla could share data with third parties, including law enforcement. In some cases, experts recommend switching to a different vehicle or completely resetting the car before selling it to erase all stored data.
Read here the whole article.

FAQs – Frequently Asked Questions

Der Beitrag Aktuelle Meldungen zum Tesla Wächtermodus erschien zuerst auf R&U.

Despite Tesla's success and the launch of the Model 3, quality defects have repeatedly been discovered, generating negative headlines. Many customers are disappointed with the quality of their vehicles after delivery. However, as a Tesla owner, you are entitled to repairs.

Don't ignore defects such as paint defects, inaccurate gaps, or a potentially limited range. Assert your rights! The dealer is liable for material defects in your electric vehicle for 24 months. As of January 1, 2022, consumer rights regarding material defects have been further strengthened. If repairs fail or are refused by the manufacturer, you have options such as a price reduction, withdrawal from the purchase contract, or compensation. We are happy to assist you with any defects in your Tesla!

The electric car market is growing rapidly

In 2021, the market share of pure electric vehicles already reached 13.6%, an increase of over 83% compared to the previous year. Plug-in hybrids also recorded a market share of 12.4%, which also represents a significant increase of over 62% compared to the previous year.

Tesla leads the electric car market! The Tesla Model 3 ranks first in electric vehicle sales in Germany, with over 29,000 units registered in 2021. The Model 3 is also the best-selling electric car in Europe. Globally, Tesla also has another successful vehicle in its portfolio: the Model Y, which ranks third.

Tesla defect list: The most common quality defects

We'll inform you about the most common defects that can occur in Tesla vehicles and what you should pay particular attention to. The dealer is legally obligated to provide you with a 24-month warranty on a new vehicle. Within this period, they must repair any defects at their own expense. So don't let your joy over your new Tesla blind you – insist on having any defects remedied!

Poor paintwork
A common problem with new Tesla vehicles is poor paintwork. This includes defects such as paint chips, paint spots, or unsightly paint runs. There are also frequent reports of paint overspray or clogged charging ports. Quality assurance at Tesla appears to be either inadequate or too lax, which means that these defects often go unnoticed.

Incorrect gap dimensions
Irregular or excessively large gaps in the doors, trunk, or headlights are also a common point of criticism. These defects primarily affect the appearance of the vehicle, which is particularly disturbing when the purchase price is high. Furthermore, larger gaps can also increase the noise level in the vehicle.

Black screen
Another common problem with Tesla vehicles is the sudden loss of the screen, especially while driving. A black screen can result in important information such as speed or gear selection no longer being displayed, and the camera also stops working. It's also common to report that the turn signal is no longer visible or audible.

Scratches and dents
Many buyers of new Teslas report cosmetic defects such as scratches or dents that are already visible upon delivery. These defects cast a negative light on Tesla's quality assurance and suggest that Tesla doesn't place sufficient emphasis on thorough final inspection.

Faulty traffic sign recognition
In some Tesla vehicles, the traffic sign recognition system malfunctions. For example, place-name signs or speed limits are not recognized or are implemented too late, which can lead not only to fines but also to dangerous traffic situations.

Failing cameras
The cameras, especially the rearview camera and those for Autopilot, can fail in Tesla vehicles. This significantly compromises safety. Recalls have already been issued in the US and China due to problems with the rearview camera in the Model 3. This problem has also been identified in Germany.

Crooked doors and tailgates
Tesla doesn't seem to have high quality standards when it comes to the assembly of doors, tailgates, and door handles. There are repeated reports of crookedly installed parts, which can lead to problems like scratched bumpers or doors that don't close properly.

Less range than stated
The range of Tesla vehicles is often significantly shorter than that stated by the manufacturer. Similar to gasoline or diesel vehicles, the stated range is often not achieved. The ADAC found a deviation of up to 30% for the Model 3.

Exterior mirrors
Another common problem is that the exterior mirrors don't automatically unfold when driving off. This can affect either the driver's mirror, the passenger mirror, or both. In some cases, the problem can be resolved by folding and unfolding them several times while driving, but this isn't very convenient.

Problems with the rain sensor and automatic windshield wipers
In some vehicles, the windshield wipers continue to wipe even when it's not raining, for example, when getting into the car or driving through a tunnel. When it's raining, they sometimes wipe too infrequently, which impairs visibility.

These and other defects have repeatedly occurred in Tesla vehicles. When you pick up your new Tesla vehicle, you should pay particular attention to these issues and request repairs if necessary. Tesla's quality problems have been known for years and were also confirmed in a US survey, in which Tesla had the most defects per vehicle delivered. Even CEO Elon Musk has now acknowledged these problems and advises potential buyers to wait and see when it comes to newly introduced models.

Affected Tesla models and their defects

Several Tesla models are affected by various defects, and recalls have already been issued in the US and China. The problems primarily affect the Model S and Model 3, but other models also have serious defects.

Tesla Model S
The Model S is particularly notorious for its frequent defects. According to the TÜV (German Technical Inspection Agency), one in ten Model S vehicles fails its first major inspection, with a defect rate of 10.7%. Defects in the control arms, fog lights, and low beams are particularly problematic. The front trunk lock also poses a hazard, as it can suddenly open and impair the driver's view.

Tesla Model 3
The Model 3 is one of the most popular electric cars in Germany, but even it frequently experiences problems. Models from 2017 to 2020 are particularly affected, with the rearview camera and the hood locking mechanism being particularly problematic. Irregular gaps and improperly fitted components can damage the rearview camera's wiring harness, leading to camera failure. These defects also affect the Model S.

There were also problems with the driver assistance system. A Model 3 owner filed a lawsuit against Tesla in the Darmstadt Regional Court because the system wasn't functioning properly. Tesla had sold him a software package that was incompatible with the hardware, which led to problems with automatic overtaking and steering behavior. The recognition of traffic lights and stop signs also didn't work correctly.

The list of defects in the Model 3 is long and includes problems with incorrectly routed cables, condensation in headlights, defective tires and missing emergency call buttons.

Tesla Model Y
The Model Y, similar to the Model 3, had issues with a software update that caused the computer to overheat during fast charging. This caused some vehicle functions to malfunction. There were also reports of improperly secured control arms, with bolts not tightened correctly.

Tesla Model X
The Model X was also subject to recalls, primarily for vehicles built between September 2015 and July 2016. These affected loose roof moldings that were not properly bonded due to a missing primer. Although the roof moldings serve a purely cosmetic purpose, they pose a hazard to other road users if they become detached.

Our recommendations:

The dealer is liable for material defects in your Tesla for 24 months!
Demand a repair!
Car buyers have comprehensive rights in the event of material defects, which have been made even more consumer-friendly as of January 1, 2022.
If Tesla refuses to repair the defect, you have the following options:

• Purchase price reduction
• withdrawal from the purchase contract
• damages

We are here to help you with any problems with your Tesla!

Der Beitrag 10 Tesla Mängel: Worauf Sie beim Kauf achten sollten erschien zuerst auf R&U.

The court clarifies: The use of guard mode violates key regulations of the General Data Protection Regulation (GDPR), in particular regarding the information obligations under Article 13 GDPR. Vehicle owners who use this function therefore risk not only a data breach, but also official sanctions.

Tesla Guardian Mode: Data protection explained for clients and companies

Sentry Mode in Tesla vehicles is an automatic monitoring feature that uses a camera to record the area around the vehicle as soon as people approach – even without touching the vehicle.

Since a software update at the end of 2022, recordings are only saved if additional sensors detect vibrations. The storage time has also been reduced from ten to a maximum of two minutes.

Particularly critical from a data protection perspective: The recordings are stored locally on a USB stick, which only the vehicle owner has access to – with no control options for affected third parties. Data protection lawyers therefore question whether the use of sentinel mode is compatible with the GDPR, particularly with regard to the information obligations under Art. 13 GDPR and the right to erasure (Art. 17 GDPR).

Unsure whether your Tesla or dashcam recordings are GDPR compliant? Avoid legal risks and protect yourself from data protection violations. Have your vehicle monitoring legally reviewed now – competently, comprehensively, and individually.

Background to the decision: Data protection complaint against Tesla guard mode

The data protection review was triggered by an incident in which a Tesla, with sentry mode activated, flashed its lights as an innocent bystander walked past. The vehicle's reaction suggested that video recording was taking place – without prior warning or apparent consent.

The data subject felt their personal rights had been violated and subsequently filed a complaint with the Austrian Data Protection Authority. The case led to a judicial review of whether the use of Guardian Mode was compatible with the principles of the GDPR, in particular data minimization and the obligation to provide transparency pursuant to Art. 13 GDPR.

Do you use Sentry Mode in your Tesla or another vehicle with camera surveillance? We'll check whether your use complies with data protection regulations – and how you can avoid fines. Request legal advice now – for more clarity when using vehicle cameras.

Legal assessment: Tesla sentinel mode and liability under GDPR

The Austrian Federal Administrative Court (BVwG) clarified in its decision: Vehicle owners who activate Tesla Sentinel Mode are considered controllers within the meaning of the GDPR. They are therefore subject to all obligations associated with this data protection role – most notably the obligation to provide information pursuant to Art. 13 GDPR.

It's worth noting that the mere possibility of data collection is sufficient to classify the controller as responsible – regardless of whether video recording actually occurs. Even the mere activation of guard mode and the vehicle's reactive response (e.g., flashing indicators) trigger legal obligations.

Vehicle owners are therefore required to display clearly visible data protection notices on their vehicles that comply with the requirements of Article 13 GDPR. These notices must include, among other things, the following information:

• Name and contact details of the person responsible
• Purpose and legal basis of data processing
• if applicable, legitimate interests pursuant to Art. 6 (1) (f) GDPR
• Recipients or categories of recipients of the data
• if applicable, information on third country transfers including adequacy decision or appropriate safeguards

Conclusion: Anyone who uses the guardian mode without fulfilling these information obligations risks violations of the GDPR – including fines and injunctions

Do you use Tesla Sentry Mode or a dashcam? We'll check whether your vehicle monitoring system complies with GDPR requirements and help you create legally compliant data protection notices. Get advice now and avoid data protection risks.

Tesla Sentinel Mode: Data protection risks from remote access via app

Tesla has expanded the functionality of its Sentinel Mode: Vehicle owners can now access their vehicle's exterior cameras in real time via a smartphone app and stream the camera feed remotely. While this technological enhancement increases surveillance security, it raises significant data protection concerns.

Remote access enables continuous monitoring of public spaces—including the potential recording of uninvolved passersby. This significantly increases the risk of unauthorized processing of personal data.

Furthermore, it can be assumed that when using the app, personal data will be transferred to the USA via cloud services. This constitutes a third-country transfer within the meaning of Articles 44 et seq. of the GDPR – associated with additional requirements for data security and transparency. Without appropriate safeguards or a valid legal basis, this can lead to significant legal consequences.

Do you use the Tesla app to remotely monitor your vehicle? We'll check whether your use complies with data protection regulations – and help you avoid fines and complaints. Request legal advice now – competent, personalized, and GDPR-compliant.

Impact of the decision: GDPR obligations for private vehicle monitoring

The ruling of the Austrian Federal Administrative Court makes it unmistakably clear: Activating Tesla Sentinel Mode entails specific data protection obligations – regardless of whether video recordings are actually saved.

Vehicle owners are considered responsible parties within the meaning of the GDPR and must ensure that persons in the vicinity of the vehicle are actively and transparently informed about data processing. This means that the mere possibility of recording data obliges them to comply with the information obligations under Art. 13 GDPR.

The decision has implications beyond the individual case: It could serve as a guideline for the assessment of private surveillance technologies in vehicles throughout the EU. Above all, the need for clear, public communication of data protection measures is coming more into focus.

Do you use camera or surveillance systems on your vehicle? We'll show you how to comply with data protection regulations and avoid legal risks. Contact us now for a legally compliant solution for GDPR and vehicle monitoring.

Der Beitrag Tesla Wächtermodus: Verstoß gegen DSGVO – Urteil des Bundesverwaltungsgerichts Österreich erschien zuerst auf R&U.

Goal of the electronic patient record

The introduction of the ePA is being celebrated as a milestone in the digitalization of the German healthcare system. According to a report by "heise.de," Federal Health Minister Karl Lauterbach stated at Bitkom's Digital Health Conference: "After 20 years of sluggish development, we have successfully caught up. On January 15, the electronic patient record will be launched for 70 million insured persons. It is the centerpiece of digitalization in the healthcare system and will significantly improve patient care."

Lauterbach acknowledged that the ePA in its original form had significant weaknesses, but the delay made it possible to integrate state-of-the-art technological solutions that make the system more efficient.

A comprehensive treasure trove of data is created

In the future, all health data will be automatically stored in the ePA: from lab results and x-rays to medication information and hospital stays. "This data set is gigantic – there are one billion doctor-patient contacts in Germany every year," Lauterbach emphasized. The collected data will be combined at the Research Data Center for Health (FDZ) with additional information from over 400 medical registries and genome databases. Billing data from health insurance companies will also be part of the system, with all information linked via a pseudonymized health insurance number.

Use of artificial intelligence

A central element of the ePA is the use of artificial intelligence (AI). "This data set is made analyzable with the help of AI systems," Lauterbach explained. The structure of the ePA is already designed to be "AI-ready."

A central element of the ePA is the use of artificial intelligence (AI). "This data set is made analyzable with the help of AI systems," Lauterbach explained. The structure of the ePA is already designed to be "AI-ready."

Interest of international technology companies

Lauterbach indirectly confirmed this fear. "All major AI companies are interested in this treasure trove of data," the minister said. Meta, OpenAI, and Google, among others, are in discussion. The companies are interested in training their language models with German health data. Furthermore, the healthcare sector is a significant growth industry. "While many economic sectors are stagnating, we are experiencing dynamic growth here," Lauterbach said. With other data sources, pseudonymized health data could be attributed to a specific individual.

Opportunities and risks of the ePA

The advantages of the EHR are obvious: Important medical documents such as x-rays, reports, and doctor's letters are centrally accessible and can be accessed at any time. This can improve the quality of treatment and avoid duplicate examinations.

However, IT security experts have discovered serious security vulnerabilities in the ePA. This is particularly alarming given that it involves highly sensitive health data—perhaps the most vulnerable information a citizen has.

Poor data processing in healthcare?

Doubts about the professional processing of health data have existed since the coronavirus pandemic. The Paul Ehrlich Institute (PEI) was criticized for failing to provide reliable interfaces with health insurance companies and for publishing only incomplete data on side effects. While other countries such as the Netherlands, Denmark, and the USA created detailed side effect databases, the PEI merely provided an inaccurate Excel spreadsheet.

Data protection measures and their weaknesses

Lauterbach assured that Israeli experts had reviewed the data security of the ePA and that a balance had been struck between data protection and usability. A key point was the use of "confidential computing," in which data is processed within a protected environment without being encrypted. However, this statement raises questions: Wouldn't a truly confidential data set be precisely an encrypted data set?

Researchers can access health data upon request – the research purpose, not the identity of the requester, is crucial. The data should not leave the secure research environment. But how secure is this "trusted environment" really?

Lauterbach's vision: A world-leading health data set

The minister sees the ePA as the most important digital project in Germany and a breakthrough innovation. His goal: to build the largest and most comprehensive health dataset worldwide.

However, based on previous experiences with security deficiencies in the ePA and the ineffective data management of the PEI, there are legitimate concerns: Is the health data of 70 million insured persons really adequately protected?

Political discussion: Merz wants to create financial incentives

Lauterbach isn't the only one pursuing ambitious plans for the ePA. CDU leader Friedrich Merz has floated the idea of financially rewarding insured individuals for entrusting their data to the ePA. This could make the healthcare system more efficient.

According to a report in the "Berliner Zeitung," IT specialists are warning of significant security risks. Organized crime could steal patient data on a large scale. Intelligence agencies are also interested in this sensitive information. The Chaos Computer Club recently demonstrated at a conference how easily security vulnerabilities can be exploited.

"Experts have repeatedly pointed out security risks," said IT specialist Manuel Atug. "Yet only minimal improvements have been made. The responsible ministry is resistant to advice."

The ePA will be implemented via an opt-out procedure – those who do not opt out will automatically receive a digital patient record. Privately insured individuals, however, must actively apply for the ePA.

This is problematic from a data protection perspective. The GDPR requires explicit consent for health data. However, this uses an objection mechanism that is hostile to data protection, which many insured persons are likely unaware of.

Experts see four main scenarios in which the ePA could be misused:

Decryption of pseudonymized data: With the appropriate key, data could be re-identified.

Incorrect anonymization: Names or other identifying features may be inadvertently retained in medical reports or X-ray images.

Data reconstruction: By combining extensive information, individuals could be identified.

Tracking via service providers: A particular doctor's visit could allow conclusions to be drawn about a person's identity.

If health data falls into the wrong hands, there is a risk of serious consequences, ranging from unwanted advertising for medications to job loss, rejection of loans or insurance, blackmail by third parties or social exclusion.

Those affected can object to the electronic personal data (ePA) or have stored data deleted. There are also legal options to prevent the transfer of data to foreign companies.

Der Beitrag FOCUS online – Elektronische Patientenakte birgt Datenschutz-Risiken erschien zuerst auf R&U.