In the summer of 2022, the consumer protection agency filed a lawsuit against Tesla, alleging that its so-called "guardian mode" violated data protection regulations. The Berlin Regional Court has now ruled in favor of the consumer advocates. The background.
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.
