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Sentry Mode and GDPR

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Leave your Tesla in a UK carpark with sentry mode enabled may bring you into conflict with GDPR Regulations.

According to the Information Commissioner's Office ('ICO') motorists who are recording with a dash cam are likely to be 'data controllers' under the purposes of the GDPR and must comply with relevant legislation. Thus, users should display a clearly visible sign or sticker, on or inside the vehicle, indicating that filming is taking place.

Sentry Mode enables cameras around the car and anyone approaching the car will be recorded without knowing it. My son is a GDPR and Data Security manager for a Government/MOD contractor and it is his view that the cars should have warnings visible from all 4 sides if parked in a public place and would not be allowed to enter many MOD locations where photography is prohibited. The probability of anyone making a class action complaint to the ICO is small, but not zero and as Tesla sales increase the probability would increase.

I wonder if Tesla has even considered this issue?
 
Isn’t it the driver that’s the data controller not Tesla? Class action against 1000’s of individuals without knowing if they use sentry? Nah.

How many people have Blackvue dashcams and no signs? Tesla drivers are not alone in this conundrum.

Might want to think twice about posting footage online.
 
It cannot apply just in a car park - when driving any dashcam has the possibility of filming pedestrians and identifying other car users. Some things are best ignored until/unless gov decides to crack down on it: action cams, holiday photos, selfies with public backgrounds....
 
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I think if we are going to dissapear down this rabbit hole then we need to start worrying about other things too, such as someone tripping over my charging cable in a Tesco car park and suing for injury.

Hopefully it'll never come to that, but I honestly wouldn't be surprised.
 
It might be a defence in a court case if the video was taken without warning rendering it inadmissible. I’m not saying I agree with the law or that, but the law is the law. I got the impression dash cams were different as the use is not unattended (until FSD arrives!)
 
When the police appeal for dash cam footage following an accident or incident, it would be a bit rude of them to also nick anyone who supplied it!
Dash cam is!n’t sentry mode. We’re all at liberty to walk around filming, you see enough videos of people doing that while talking to the police trying to wind them up, sentry is different in that it’s an unattended cctv system, dash cam is used in a public place, sentry is often on private property including car parks etc, and in much the same way you can’t have a cctv camera on your house point into your neighbours garden. I’m sure the law is more finessed than that but there is a difference
 
I don't believe there's any statement about whether cctv is attended or unattended. Car parks are generally public access spaces. Yes, officially you're not supposed to have domestic CCTV covering the pavement in front of your house but it's all a very fine line of sillyness IMO.
 
Its fairly clear, CCTV on anything other than your own property falls under GDPR


So what constitutes CCTV?

Dashcams do fall under gdpr and there are regulations... although no registration is required


However sentry mode in other countries in europe appears to be deemed as illegal (you will need your browser to translate but the conclusion is "The bottom line is: "In Austria , the use of Sentry Mode on public property is not legal," explains Feiler . Of course, the vehicle owner and not the vehicle manufacturer is responsible for the legally compliant use of the vehicle and its functions.)"


So I'm not assuming anything. This isn't about common sense and rights, but would we be happy if someone parked a car in front of your house such that the car recorded your coming and going every time? I think we might all be unhappy with that.
 
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So I'm not assuming anything. This isn't about common sense and rights, but would we be happy if someone parked a car in front of your house such that the car recorded your coming and going every time? I think we might all be unhappy with that.
IOS or Android know where you were, so does your mobile phone company as well as our national CCTV coverage and many modern auto manufacturers and your credit card company can make pretty good guesstimates too. It makes little difference unless you want to live off grid and wear a foil hat.😈😈😈
 
Best not to mention it. Modern governments love to legislate against things that aren't causing problems. They added sounds to EVs, they are going after e-scooters for no reason, and this will be another stick with which to bash progress.
 
Yeah, as long as you don't start posting clips with identifiable information on social media, this is a nothing burger.

And even a license plate is a stretch for identifiable information. Now, if you would only get the person's name, DoB, registered address, etc. you could get into trouble. But that's all information not stored in Sentry Mode.

Photography or video recording on MOD locations isn't a GDPR issue.
 
Slightly off topic, but someone posted on our neighbourhood watch Whatsapp group that a catalytic converter had been stolen from outside their home. It's a plague.

Anyway, I mentioned we should look at CCTV for our road. Someone jumped in with GDPR and the ICO not allowing it (it is allowed but someone has to be the data controller). I observed that criminals are not allowed to steal catalytic converters but it does not seem to stop them.
 
Leave your Tesla in a UK carpark with sentry mode enabled may bring you into conflict with GDPR Regulations.

According to the Information Commissioner's Office ('ICO') motorists who are recording with a dash cam are likely to be 'data controllers' under the purposes of the GDPR and must comply with relevant legislation. Thus, users should display a clearly visible sign or sticker, on or inside the vehicle, indicating that filming is taking place.

Sentry Mode enables cameras around the car and anyone approaching the car will be recorded without knowing it. My son is a GDPR and Data Security manager for a Government/MOD contractor and it is his view that the cars should have warnings visible from all 4 sides if parked in a public place and would not be allowed to enter many MOD locations where photography is prohibited. The probability of anyone making a class action complaint to the ICO is small, but not zero and as Tesla sales increase the probability would increase.

I wonder if Tesla has even considered this issue?
I think your son is misinterpreting the regulations.

I was a data regulator, and a RIPA authorising officer and worked very closely with the very first Information officer - or IOCCO as it was known then.

The regulations apply to public bodies and organisations that gather and process this data - so people like the police, Security services, MOD, Prisons and local authorities, private individuals are exempt.

There has been talk for many years about semi bringing private individuals under some aspects of data collection from Cameras regarding home CCTV and there is advice published to those who may use data collected for bearing no regard for collateral collection - but it is just advice and the law has never been specifically examined in order to make home CCTV or in this case Dash Cams in cars under the IOCCO rules. This includes CCTV operating in shops - only proviso there is there should be signage to tell people their Overt cameras are recording people within the shop - so their choice to go in or not - and if they enter they are deemed to have granted permission to film them.

Its all a bit of a grey area because by bringing dash cams, Home CCTV under those regulations it would open up issues regarding ANPR, I indicate ANPR because its a lot different to home CCTV and Dash cams in that Home and Car cams are not "targeting" individuals - and its the word "targeting" that becomes most relevant in CCTV data collection. Overt CCTV - the equipment can be seen and maybe some signage is completely different to Covert data collection - where cameras are hidden or targeted at an individual without their knowledge with the intention of processing that data.

ANPR is in a unique field in that it "Targets" every vehicle in any lane - its specifically reading number plates and then actively looking for the plate again to monitor its speed/direction etc. Targeted data collection requires an Authorisation process from a RIPA qualified authoriser - but so far the law makes cant agree on this aspect.

scanning an area isn't regarded as Surveillance of an individual and requires no authorisation.

This topic has been discussed by many people over very many years - indeed I have been retired 10 years now and I dealt with IOCCO for over 8 years - the guidance and rules were always under review and I have tried to keep up to date with regulation changes - and to my knowledge Home CCTV and Dash Cams remain exempt from the regulations.

Most MOD sites restrict CCTV recordings, all prisons restrict cameras too but In all my days as head of Security within a prison I had to give specific instructions to gate staff to look for and ask drivers that were entering If they had dash cams as many are not obvious, in fact vehicles entering most sites are restricted to suppliers who have agreed not to have or to disable any Dash Cams on entering a site - breaching this rule would have consequences for that supplier in that they would loose their contract.
 
Sharing footage online
The regulations apply to public bodies and organisations that gather and process this data - so people like the police, Security services, MOD, Prisons and local authorities, private individuals are exempt.
The ICO does not agree ...


and a specific independent interpretation as to how it would apply to dashcams


While there is also clear guidance on signage there, which I suggest is the source for the original comment, it would seem unlikely to be enforceable. Someone would have to complain, then somehow the owner of a car would need to be identified etc. I don't see why a lack of signage would invalidate video evidence.

Don't share content publicly on the internet and I can't see any risk. People do have a right to privacy, so however amusing you think a clip might be there's a chance that someone will take offense. I've seen clips shared on this forum that could be considered a breach of the act.
 
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