Over the past few months, the Federal Trade Commission (“FTC”) has received requests from U.S. Senators asking the FTC to investigate the data collection practices of several automotive manufacturers. Last week, Senators Ed Markey (D-MA) and Ron Wyden (D-OR) sent a letter to the FTC asking the agency to investigate several automakers for “deceiving their customers by falsely claiming to require a warrant or court order before turning over customer location data to government agencies.” Among other things, the letter alleges inconsistent data collection and retention practices in the industry, asserting that some automakers only collect location data for a “critical safety event” (e.g., collision, air bag deployment, or automatic emergency braking event) while others “routinely collect[] and retain[] vehicle location data.” The letter also states that only one automaker has a policy of informing consumers about legal demands for their data. The letter refers to the FTC’s recent geolocation “crack down” in other contexts and urges “the FTC to investigate these auto manufacturers’ deceptive claims as well as their harmful data retention practices” and to, “in addition to taking appropriate action against the companies, . . . consider holding these companies’ senior executives accountable for their actions.”
As background, in December 2023, Senator Markey announced that his office had sent letters to fourteen automotive manufacturers asking about their privacy practices and urging them to implement stronger privacy protections for consumers. In February 2024, after receiving responses from automotive manufacturers, Senator Markey sent a letter to the FTC asking the FTC to investigate the data privacy practices of automotive manufacturers because the responses automakers provided to his letter “gave [him] little comfort” and claiming that the companies’ “ambiguity and evasiveness calls out for the investigatory powers of the FTC.” The letter states that automotive manufacturers access a “vast collection” of data, including location data, and alleges that such data in some cases “has been exploited by abusive partners to track domestic violence victims.”
The Federal Communications Commissions (“FCC”) also recently took steps related to vehicle location data, citing similar concerns. Last month, the FCC issued a Further Notice of Proposed Rulemaking seeking comment on additional action the FCC could take pursuant to the Safe Connections Act to help survivors of domestic violence access safe and affordable connectivity, particularly in the context of connected car services.
We will continue to update you on meaningful developments related to connected and autonomous vehicles and technology regulation across our blogs.