The German Federation of Consumer Organizations (vzbv) is suing Tesla for misleading statements about CO2 emissions when purchasing Tesla vehicles. According to the vzbv, the "guard mode" also violates the General Data Protection Regulation.

According to Tesla, "Guard Mode" is a function with which "suspicious activities" on and around the vehicle can be recorded when the vehicle is parked and locked. When it is activated, several cameras film the area around the vehicle, which is intended to make it easier to investigate attempted thefts, but also to identify parking offenders or vandals. However, uninvolved persons can also be recorded.

Data protection-compliant use practically impossible

"Users would have to obtain consent for the processing of personal data from passers-by who happen to walk past the car." - Heiko Dünkel, Head of the Law Enforcement Team at vzbv

When using this function, customers are obliged to comply with the General Data Protection Regulation and face fines if they fail to do so. According to Heiko Dünkel, Tesla is concealing this from customers, making it practically impossible to use the guard mode in compliance with data protection regulations.

Currently, there is only a short and general note in the support area of www.tesla.com:

"Note: It is your sole responsibility to observe and comply with all local regulations and property restrictions regarding the use of cameras."

vzbv criticizes approval procedure

"The fact that the guard mode was approved despite massive data protection deficiencies points to gaps in the approval procedures for automated driving functions," explains Marion Jungbluth, Head of Team Mobility and Travel at vzbv. In Germany, cooperation between the Federal Motor Transport Authority and the Federal Data Protection Commissioner must be strengthened.

Misleading statements on CO2 savings

The vzbv also criticizes Tesla's statements on the CO2 emissions of the Model 3, which are stated as 0g/km. This suggests that the purchase of such a vehicle reduces CO2 emissions from cars overall. However, Tesla trades in the certificates, so what the company saves with its own vehicles, other manufacturers use in addition to their own quota. This is a lucrative business that brings billions more into the company's coffers. In practice, various manufacturers join together to form so-called Co2 pools. Their quotas are then no longer considered individually, but together. If a manufacturer's fleet remains below its own limits, it can pass the difference on to other manufacturers.