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 August 15, 2024

Attorney General Ken Paxton Files Lawsuit Against GM For Selling Texans' Driving Data

In a significant legal move, Texas Attorney General Ken Paxton has launched a lawsuit against General Motors (GM) for allegedly selling private driving data of over 1.5 million Texans without their consent.

This lawsuit is not an isolated event but part of a broader scrutiny under Attorney General Paxton’s cybersecurity initiative that began in June 2024. It aims to address the alleged unlawful practices of several car manufacturers related to data privacy violations.

The investigation that led to this legal action started two months ago. It was prompted by allegations that car manufacturers were exploiting vehicle technology to collect and monetize personal data from unsuspecting owners. General Motors, renowned for its vast automotive empire, is now under the legal spotlight for such allegations.

Specifically, GM is accused of using technologies to gather detailed data from vehicles manufactured from the year 2015 onward each time they were operated. This data collection was reportedly conducted without clear consent from the vehicle owners.

Following the collection, it's alleged that the data was not just stored but actively sold to third parties. Among the recipients were at least two companies that utilized this information to formulate “Driving Scores,” which were then presumably used to influence insurance rates and offerings.

The Misleading “Onboarding” Process

At the heart of the issue is GM’s onboarding process for new vehicle owners. Attorney General Paxton highlighted that customers were nudged towards enrolling in services like OnStar Smart Driver, under the guise of enhancing vehicle safety. Unbeknownst to them, this enrollment played a crucial role in the data collection scheme.

The disclosures provided to customers during this process were extensive yet ambiguous. The details regarding what data was being collected and its potential sale were not made explicitly clear to vehicle owners. This grey area in consumer consent is a central element in the lawsuit filed by Paxton.

By glossing over the specifics of data usage and sale in the fine print, GM has arguably engaged in practices that might obscure the full extent of what consumers were signing up for when they agreed to vehicle-related services. This has raised significant legal and ethical concerns.

Attorney General Paxton’s statements were resolute during the announcement of the lawsuit.

"Our investigation revealed that General Motors has engaged in egregious business practices that violated Texans’ privacy and broke the law. We will hold them accountable," he asserted.

He further criticized the invasive nature of the technology used by car manufacturers: "Companies are using invasive technology to violate the rights of our citizens in unthinkable ways. Millions of American drivers wanted to buy a car, not a comprehensive surveillance system that unlawfully records information about every drive they take and sells their data to any company willing to pay for it," Paxton explained.

The lawsuit not only seeks to reprimand GM for these alleged privacy violations but also aims to set a precedent for data privacy and security practices in the rapidly evolving automotive industry.

This legal action against GM is part of a larger narrative surrounding data privacy in the United States. It underscores the ongoing challenges and debates regarding consumer rights in the digital age, where personal data can often be seen as a commodity rather than a right.

The outcome of this lawsuit could potentially influence future regulations and practices across the automotive industry and beyond, cementing the necessity of explicit consent and transparent data-handling practices.

As the courts prepare to dissect the intricacies of this case, consumers and companies alike are reminded of the critical balance between technological advancement and privacy rights. The coming months will likely bring this issue into sharper focus, setting important legal precedents for the future of data privacy.

Conclusion

In conclusion, Attorney General Ken Paxton’s lawsuit against General Motors represents a crucial moment in the fight for consumer data privacy.

It addresses complex issues of consent, technological exploitation, and the ethical boundaries of data commercialization. As the legal proceedings unfold, the implications for both the automotive sector and general consumer rights promise to reshape industry standards and reinforce the importance of protecting personal information.

Written By:
Christina Davie

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