Privacy Tip #395 – GM Faces Class Action for Collecting + Disclosing Drivers’ Data Without Consent

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Car manufacturer General Motors (GM) is the subject of litigation in Georgia by two New Jersey Chevy Bolt drivers who allege that GM collected data about their driving habits and behavior and disclosed it to third parties, including insurance companies, causing them to pay higher insurance rates and experience difficulty in obtaining reasonable premiums.

They allege that they did not agree to the collection and disclosure and that it was a breach of contract and their privacy. The crux of the case alleges that GM collected their driving habits and behavior and then shared it with third parties, including OnStar, insurance carriers, and others. Although the plaintiffs admit they were enrolled in OnStar, they did not agree to have their data transmitted to third parties.

The case illustrates how data from vehicles can be collected and disclosed and reminds us to review applicable privacy policies whenever interacting with any technology, including vehicles. Privacy policies and pop-ups are designed to provide consumers with information about how data is collected, used, and disclosed, and when downloading an app to any device (including a vehicle), it is important to read the notices and set privacy settings in each instance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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