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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

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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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 has passed a critical self-driving milestone Elon Musk listed in Master Plan Part Deux

Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience.

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Tesla has passed a key milestone, and it was one that CEO Elon Musk initially mentioned more than nine years ago when he published Master Plan, Part Deux. 

As per Tesla China in a post on its official Weibo account, the company’s Autopilot system has accumulated over 10 billion kilometers of real-world driving experience.

Tesla China’s subtle, but huge announcement

In its Weibo post, Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience. “In this respect, Tesla vehicles equipped with Autopilot technology can be considered to have the world’s most experienced and seasoned driver.” 

Tesla AI’s handle on Weibo also highlighted a key advantage of the company’s self-driving system. “It will never drive under the influence of alcohol, be distracted, or be fatigued,” the team wrote. “We believe that advancements in Autopilot technology will save more lives.”

Tesla China did not clarify exactly what it meant by “Autopilot” in its Weibo post, though the company’s intense focus on FSD over the past years suggests that the term includes miles that were driven by FSD (Beta) and Full Self-Driving (Supervised). Either way, 10 billion cumulative miles of real-world data is something that few, if any, competitors could compete with.

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Elon Musk’s 10-billion-km estimate, way back in 2016

When Elon Musk published Master Plan Part Deux, he outlined his vision for the company’s autonomous driving system. At the time, Autopilot was still very new, though Musk was already envisioning how the system could get regulatory approval worldwide. He estimated that worldwide regulatory approval will probably require around 10 billion miles of real-world driving data, which was an impossible-sounding amount at the time. 

“Even once the software is highly refined and far better than the average human driver, there will still be a significant time gap, varying widely by jurisdiction, before true self-driving is approved by regulators. We expect that worldwide regulatory approval will require something on the order of 6 billion miles (10 billion km). Current fleet learning is happening at just over 3 million miles (5 million km) per day,” Musk wrote. 

It’s quite interesting but Tesla is indeed getting regulatory approval for FSD (Supervised) at a steady pace today, at a time when 10 billion miles of data has been achieved. The system has been active in the United States and has since been rolled out to other countries such as Australia, New Zealand, China, and, more recently, South Korea. Expectations are high that Tesla could secure FSD approval in Europe sometime next year as well. 

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SpaceX maintains unbelievable Starship target despite Booster 18 incident

It appears that it will take more than an anomaly to stop SpaceX’s march towards Starship V3’s refinement.

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Credit: SpaceX/X

SpaceX recently shared an incredibly ambitious and bold update about Starship V3’s 12th test flight. 

Despite the anomaly that damaged Booster 18, SpaceX maintained that it was still following its plans for the upgraded spacecraft and booster for the coming months. Needless to say, it appears that it will take more than an anomaly to stop SpaceX’s march towards Starship V3’s refinement. 

Starship V3 is still on a rapid development path

SpaceX’s update was posted through the private space company’s official account on social media platform X. As per the company, “the Starbase team plans to have the next Super Heavy booster stacked in December, which puts it on pace with the test schedule planned for the first Starship V3 vehicle and associated ground systems.” 

SpaceX then announced that Starship V3’s maiden flight is still expected to happen early next year. “Starship’s twelfth flight test remains targeted for the first quarter of 2026,” the company wrote in its post on X. 

Elon Musk mentioned a similar timeline on X earlier this year. In the lead up to Starshp Flight 11, which proved flawless, Musk stated that “Starship V3 is a massive upgrade from the current V2 and should be through production and testing by end of year, with heavy flight activity next year.” Musk has also mentioned that Starship V3 should be good enough to use for initial Mars missions.

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Booster 18 failure not slowing Starship V3’s schedule

SpaceX’s bold update came after Booster 18 experienced a major anomaly during gas system pressure testing at SpaceX’s Massey facility in Starbase, Texas. SpaceX confirmed in a post on X that no propellant was loaded, no engines were installed, and personnel were positioned at a safe distance when the booster’s lower section crumpled, resulting in no injuries.

Still, livestream footage showed significant damage around the liquid oxygen tank area of Booster 18, leading observers to speculate that the booster was a total loss. Booster 18 was among the earliest vehicles in the Starship V3 series, making the failure notable. Despite the setback, Starship V3’s development plans appear unchanged, with SpaceX pushing ahead of its Q1 2026 test flight target.

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Tesla Sweden faces fresh union blockade at key Gothenburg paint shop

Allround Lack works with painting and damage repair of passenger cars, including Teslas.

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(Credit: Tesla)

Tesla’s ongoing labor conflict in Sweden escalated again as the trade union IF Metall issued a new blockade halting all Tesla paintwork at Allround Lack in Gothenburg. 

Allround Lack works with painting and damage repair of passenger cars, including Teslas. It currently employs about 20 employees. 

Yet another blockade against Tesla Sweden

IF Metall’s latest notice ordered a full work stoppage for all Tesla-related activity at Allround Lack. With the blockade in place, paint jobs on Tesla-owned vehicles, factory-warranty repairs, and transport-damage fixes, will be effectively frozen, as noted in a report from Dagens Arbete. While Allround Lack is a small paint shop, its work with Tesla means that the blockade would add challenges to the company’s operations in Sweden, at least to some degree.

Paint shop blockades have been a recurring tool in the longstanding conflict. The first appeared in late 2023, when repair shops were barred from servicing Tesla vehicles. Days later, the Painters’ Union implemented a nationwide halt on Tesla paint work across more than 100 shops. Since then, a steady stream of workshops has been pulled into the conflict.

Earlier blockades faced backlash from consumers

The sweeping effects of the early blockades drew criticism from industry groups and consumers. Employers and industry organization Transportföretagen stated that the strikes harmed numerous workshops across Sweden, with about 10 of its members losing about 50% of their revenue.

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Private owners also expressed their objections. Tibor Blomhäll, chairman of Tesla Club Sweden, told DA in a previous statement that the blockades from IF Metall gave the impression that the union was specifically attacking consumers. “If I get parking damage to my car, I pay for the paint myself. The company Tesla is not involved in that deal at all. So many people felt singled out, almost stigmatized. What have I done as a private individual to get a union against me?” Blomhäll stated. 

In response to these complaints, IF Metall introduced exemptions, allowing severely damaged vehicles to be repaired. The union later reopened access for private owners at workshops with collective agreements. The blockades at the workshops were also reformulated to only apply to work that is “ordered by Tesla on Tesla’s own cars, as well as work covered by factory warranties and transport damage on Tesla cars.”

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