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Tesla’s camera-based driver monitoring system triggers legal complaint in Illinois

Tesla's Cabin-facing camera is used to monitor driver attentiveness. (Credit: Andy Slye/YouTube)

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Tesla has implemented a number of safety improvements for its Autopilot and Full Self-Driving suites over the years, and this includes updates to its driver monitoring systems (DMS). Last year, Tesla activated its camera-based driver monitoring system in Model 3 and Model Y vehicles, allowing the company to provide an extra layer of checks to determine if drivers were paying attention to the road while using Autopilot and FSD features. The function was later rolled out to the refreshed Model S and Model X as well. 

While a camera-based DMS has evident advantages, a class action complaint has been proposed against Tesla in Illinois, with the Plaintiff claiming that the company’s in-cabin driver monitoring system violates the state’s Biometric Information Privacy Act (BIPA). The complaint was filed in an Illinois Circuit Court on March 11, 2022. 

In the complaint’s introduction, the Plaintiff described how Tesla benefits from the data it collects from its fleet of vehicles. Following is a relevant section from the document. 

“In an effort to facilitate its Autopilot features and help market its self-driving capability to boost sales, Defendant collects individuals’ biometrics in the form of their facial geometry so that it can verify and make sure that individuals are paying attention to the road while using its Autopilot advanced driver assistance system (“Autopilot”) and its premium Full Self Driving system (“FSD”). 

“This is achieved through Tesla’s in-cabin camera located by the rearview mirror which extracts drivers’ biometric facial geometry that Defendant’s Autopilot uses to track their head positions and eye gazes to detect a driver’s inattentiveness. If the driver is inattentive, then the Autopilot function is disengaged and the driver must take over the steering function.”

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Inasmuch as data from the in-cabin camera is being used for driver monitoring, the Plaintiff alleged that Tesla’s practices violate Illinois citizens’ statutorily protected privacy rights. This was discussed in the following section of the complaint. 

“Facial geometry is a unique and permanent biometric identifier associated with each individual. The unauthorized handling of such sensitive information exposes consumers to serious and irreversible privacy risks. If for example, a database containing scans of face geometry or other sensitive biometric data is hacked, breached, or otherwise exposed, consumers cannot simply change their biometric identifiers like they could reset a password or cancel a credit card.

“Notwithstanding the clear and unequivocal requirements of the law, Defendant disregards Illinois citizens’ statutorily protected privacy rights and unlawfully collects, stores, and uses individuals’ biometrics without first obtaining those individuals’ informed written consent and without having any publicly available data retention policy that could inform them about the whereabouts of the facial biometric data Defendant gatherer as required by BIPA.”

Interestingly enough, the Plaintiff included an anecdote of Tesla’s camera-based DMS in action. Based on the incident outlined in the complaint, it appears that the Plaintiff was warned by his vehicle to keep his hands on the wheel. This is a critical safety check, especially as Tesla rolls out more advanced features of its Autopilot and FSD suite. 

“In or about December 2021, Plaintiff was driving one of Defendant’s Model 3 cars in Illinois with Defendant’s Autopilot feature function engaged. Using its proprietary facial recognition technology, Defendant collected, stored, and analyzed Plaintiff’s facial geometry in order to be able to track his head and eye movements and make sure that he was attentive. Plaintiff experienced Defendant’s biometrically enabled technology first-hand as it continuously informed Plaintiff to put his hands back on the wheel whenever it detected him looking away from the road.”

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The class action complaint seeks to collect statutory damages of $5,000 for every time Tesla willfully or recklessly violated Illinois’ Biometric Information Privacy Act. It also seeks to collect statutory damages of $1,000 for each negligent violation of the state’s BIPA. Tesla’s legal team, for its part, is yet to issue a response to the complaint. 

Below is the class action complaint against Tesla’s camera-based driver monitoring system (as shared by Bloomberg Law). 

Tesla Cabin Camera Lawsuit by Simon Alvarez on Scribd

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Tesla Robotaxi’s biggest rival sends latest statement with big expansion

The new expanded geofence now covers a broader region of Austin and its metropolitan areas, extended south to Manchaca and north beyond US-183.

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Credit: @AdanGuajardo/X

Tesla Robotaxi’s biggest rival sent its latest statement earlier this month by making a big expansion to its geofence, pushing the limits up by over 50 percent and nearing Tesla’s size.

Waymo announced earlier this month that it was expanding its geofence in Austin by slightly over 50 percent, now servicing an area of 140 square miles, over the previous 90 square miles that it has been operating in since July 2025.

Tesla CEO Elon Musk shades Waymo: ‘Never really had a chance’

The new expanded geofence now covers a broader region of Austin and its metropolitan areas, extended south to Manchaca and north beyond US-183.

These rides are fully driverless, which sets them apart from Tesla slightly. Tesla operates its Robotaxi program in Austin with a Safety Monitor in the passenger’s seat on local roads and in the driver’s seat for highway routes.

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It has also tested fully driverless Robotaxi services internally in recent weeks, hoping to remove Safety Monitors in the near future, after hoping to do so by the end of 2025.

Although Waymo’s geofence has expanded considerably, it still falls short of Tesla’s by roughly 31 square miles, as the company’s expansion back in late 2025 put it up to roughly 171 square miles.

There are several differences between the two operations apart from the size of the geofence and the fact that Waymo is able to operate autonomously.

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Waymo emphasizes mature, fully autonomous operations in a denser but smaller area, while Tesla focuses on more extensive coverage and fleet scaling potential, especially with the potential release of Cybercab and a recently reached milestone of 200 Robotaxis in its fleet across Austin and the Bay Area.

However, the two companies are striving to achieve the same goal, which is expanding the availability of driverless ride-sharing options across the United States, starting with large cities like Austin and the San Francisco Bay Area. Waymo also operates in other cities, like Las Vegas, Los Angeles, Orlando, Phoenix, and Atlanta, among others.

Tesla is working to expand to more cities as well, and is hoping to launch in Miami, Houston, Phoenix, Las Vegas, and Dallas.

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Tesla automotive will be forgotten, but not in a bad way: investor

It’s no secret that Tesla’s automotive division has been its shining star for some time. For years, analysts and investors have focused on the next big project or vehicle release, quarterly delivery frames, and progress in self-driving cars. These have been the big categories of focus, but that will all change soon.

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(Credit: Tesla)

Entrepreneur and Angel investor Jason Calacanis believes that Tesla will one day be only a shade of how it is recognized now, as its automotive side will essentially be forgotten, but not in a bad way.

It’s no secret that Tesla’s automotive division has been its shining star for some time. For years, analysts and investors have focused on the next big project or vehicle release, quarterly delivery frames, and progress in self-driving cars. These have been the big categories of focus, but that will all change soon.

I subscribed to Tesla Full Self-Driving after four free months: here’s why

Eventually, and even now, the focus has been on real-world AI and Robotics, both through the Full Self-Driving and autonomy projects that Tesla has been working on, as well as the Optimus program, which is what Calacanis believes will be the big disruptor of the company’s automotive division.

On the All-In podcast, Calcanis revealed he had visited Tesla’s Optimus lab earlier this month, where he was able to review the Optimus Gen 3 prototype and watch teams of engineers chip away at developing what CEO Elon Musk has said will be the big product that will drive the company even further into the next few decades.

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Calacanis said:

“Nobody will remember that Tesla ever made a car. They will only remember the Optimus.”

He added that Musk “is going to make a billion of those.”

Musk has stated this point himself, too. He at one point said that he predicted that “Optimus will be the biggest product of all-time by far. Nothing will even be close. I think it’ll be 10 times bigger than the next biggest product ever made.”

He has also indicated that he believes 80 percent of Tesla’s value will be Optimus.

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Optimus aims to totally revolutionize the way people live, and Musk has said that working will be optional due to its presence. Tesla’s hopes for Optimus truly show a crystal clear image of the future and what could be possible with humanoid robots and AI.

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Tesla Robotaxi fleet reaches new milestone that should expel common complaint

There have been many complaints in the eight months that the Robotaxi program has been active about ride availability, with many stating that they have been confronted with excessive wait times for a ride, as the fleet was very small at the beginning of its operation.

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Credit: Tesla

Tesla Robotaxi is active in both the Bay Area of California and Austin, Texas, and the fleet has reached a new milestone that should expel a common complaint: lack of availability.

It has now been confirmed by Robotaxi Tracker that the fleet of Tesla’s ride-sharing vehicles has reached 200, with 158 of those being available in the Bay Area and 42 more in Austin. Despite the program first launching in Texas, the company has more vehicles available in California.

The California area of operation is much larger than it is in Texas, and the vehicle fleet is larger because Tesla operates it differently; Safety Monitors sit in the driver’s seat in California while FSD navigates. In Texas, Safety Monitors sit in the passenger’s seat, but will switch seats when routing takes them on the highway.

Tesla has also started testing rides without any Safety Monitors internally.

Tesla Robotaxi goes driverless as Musk confirms Safety Monitor removal testing

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This new milestone confronts a common complaint of Robotaxi riders in Austin and the Bay, which is vehicle availability.

There have been many complaints in the eight months that the Robotaxi program has been active about ride availability, with many stating that they have been confronted with excessive wait times for a ride, as the fleet was very small at the beginning of its operation.

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With that being said, there have been some who have said wait times have improved significantly, especially in the Bay, where the fleet is much larger.

Tesla’s approach to the Robotaxi fleet has been to prioritize safety while also gathering its footing as a ride-hailing platform.

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Of course, there have been and still will be growing pains, but overall, things have gone smoothly, as there have been no major incidents that would derail the company’s ability to continue developing an effective mode of transportation for people in various cities in the U.S.

Tesla plans to expand Robotaxi to more cities this year, including Miami, Las Vegas, and Houston, among several others.

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