The Austrian Federal Administrative Court (BVwG) issued a groundbreaking ruling on the so-called Tesla "Sentinel Mode" in its decision of May 9, 2024. The decision focuses on the data protection assessment of the permanent video recording by Tesla vehicles in public spaces.
The court makes it clear that the use of guard mode violates key provisions of the General Data Protection Regulation (GDPR), in particular the information obligations under Article 13 GDPR. Vehicle owners who use this function therefore risk not only a data protection violation but also regulatory 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).
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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.
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