Letter To Tesla On Vehicle Camera Recordings From Senators Markey and Blumenthal

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April 14, 2023

Elon Musk
Chief Executive Officer
Tesla, Inc.
3500 Deer Creek Road
Palo Alto, California 94304

Dear Mr. Musk,

According to an alarming new press report, Tesla employees have shared private photos
and videos captured by cameras in Tesla customers’ vehicles. Although vehicle cameras have the
potential to improve safety, these features do not need to come at the expense of consumer
privacy. Tesla must take all necessary steps to protect consumer information and maintain strong
privacy protections for its vehicle owners.

Tesla vehicles capture huge amounts of consumer data, including videos and still images.
For example, Tesla vehicles are equipped with multiple cameras, which record videos outside the
vehicle and transmit those recordings to Tesla to train Tesla’s autonomous driving software
(misleadingly named “Full Self Driving”1). These cameras also capture vast amounts of footage
that reveal information about people inside and outside the vehicles, including sensitive
information about the personal lives, belongings, and location of Tesla owners and the public.

As Tesla operates this extensive data collection system, it claims to be committed to


consumer privacy. Notably, Tesla’s Consumer Privacy Policy states: “Camera functionality has
been designed from the ground up to protect your privacy.”2 Although Tesla owners have the
option to turn off photo and video transmissions to Tesla, Tesla also states that it has established
important privacy safeguards to protect consumers’ data. For example, the Consumer Privacy
Policy states: “Even if you choose to opt-in, the camera recordings are limited to 30 seconds and
remain anonymous, ensuring it’s not linked to you or your vehicle.”3 It further states: “In order to
protect your privacy, personal data is either not logged at all, is subject to privacy preserving
techniques, or is removed from any reports before they’re sent to Tesla.”4 This language creates
the impression that Tesla customers can consent to their vehicle transmitting images and videos
to Tesla without sacrificing their privacy.

1
Press Release, Blumenthal & Markey Call for FTC Investigation Into Tesla's Misleading Advertising of Driving
Automation Systems” (Aug. 18, 2021), https://www.markey.senate.gov/news/press-releases/markey-and-
blumenthal-call-for-ftc-investigation-into-teslas-misleading-advertising-of-driving-automation-systems.
2
Customer Privacy Notice, Tesla (Feb. 2022), https://www.tesla.com/en_eu/legal/privacy.
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Mr. Musk
April 14, 2023
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That impression appears to have been deeply misleading. According to a recent Reuters
report, for years, “groups of Tesla employees” shared highly invasive videos and images from
customers’ vehicles — without their consent or notification — including images and videos
displaying their homes, their children, other details of their daily lives, and in some cases,
traumatic events such as crashes and severe child injury.5 These videos, including one in which a
Tesla vehicle traveling at high-speed hit a child, spread around a Tesla office in San Mateo,
California like “wildfire.”6 A former employee stated: “I don’t think [Tesla owners] know that
their privacy is, like, not respected. . . . . We could see them doing laundry and really intimate
things. We could see their kids.”7 And despite Tesla’s Customer Privacy Policy stating that
camera recordings are anonymous, former Tesla employees claimed that they could easily see
the location of recordings, which could be used to deduce a Tesla owner’s location. Shockingly,
the Tesla employee practice of sharing private consumer data has reportedly been so common
that camera recordings were distributed throughout company group chats to dozens of employees
with no apparent response from Tesla leadership.8 In fact, one former Tesla employee stated they
“would never buy a Tesla after seeing how [the company] treated some of these people.”9

This apparent willful disregard for the privacy of Tesla customers is unacceptable and raises
serious questions about Tesla’s management practices. We urge you to take all necessary actions
to ensure that any images or videos consensually collected from Tesla vehicles are subject to
strict privacy safeguards, and we request written answers to the following questions by May 5,
2023.

1. Please fully describe the purposes for which Tesla collects and retains vehicle recordings,
how long those recordings are kept, and who has access to them.
2. Does Tesla restrict access to these vehicle camera recordings to certain employees or
contractors through policy and technical measures? If so, please describe in detail those
restrictions.
3. Why were Telsa’s policy and technical measures unable to prevent the wrongful sharing
of vehicle recordings? Has Tesla investigated this misuse of highly invasive customer
information?
4. Were Tesla executives aware that their employees were sharing consumer vehicle
recordings, including videos and images, on internal company messaging software prior
to Reuters’ public reporting on this topic?
a. If so, for how long were the executives aware of this employee behavior and what
steps did Tesla take to stop this employee behavior?

5
Steve Stecklow, Waylon Cunningham & Hyunjoo Jin, Special Report: Tesla Workers Shared Sensitive Images
Recorded by Customer Cars, Reuters (Apr. 6, 2023), https://www.reuters.com/technology/tesla-workers-shared-
sensitive-images-recorded-by-customer-cars-2023-04-06/.
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Mr. Musk
April 14, 2023
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b. If not, will Tesla commit to taking all necessary steps, including formal policy
changes, to ensure that this breach of consumer privacy does not happen again?
5. Are Tesla executives certain that Tesla employees no longer share vehicle camera
recordings for unauthorized purposes?
6. Tesla’s Customer Privacy Policy states that camera recordings “remain anonymous,” but
the Reuters report suggests that a customer’s location could be easily deduced from those
recordings, including tagging those videos on a map. Please describe the steps Tesla has
taken to protect user anonymity.
a. What steps is Tesla taking to ensure that the camera recordings are actually
anonymous?
b. Will Tesla commit to taking all necessary steps, including formal policy changes,
to ensure that vehicle camera recordings do not identify the location of the Tesla
customer?
Thank you for your prompt attention to this matter.

Sincerely,

Edward J. Markey Richard Blumenthal


United States Senator United States Senator

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