Data Privacy

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Dykema’s Automotive Industry Group, a four-time recipient of Law360’s Practice Group of the Year for Transportation, is pleased to announce the release of its 3rd Annual Automotive Trends Report. This comprehensive analysis offers critical legal insights into the dynamic challenges and opportunities shaping the automotive industry in 2025.

Based on a survey of Original Equipment Manufacturers (OEMs), suppliers, and industry decision-makers, this year’s report delves into:Continue Reading Dykema Releases 2025 Automotive Trends Report: Navigating Industry Transformation Amidst Regulatory Shifts, Tech Advances, and Supply Chain Strain

It’s been several months since we surveyed top automotive executives and insiders on the major legal issues facing the industry for our 2023 Automotive Trends Report.

As the automotive world continues to evolve and navigate a shifting legal landscape, we look at some of the major themes driving it forward… and the ones that might be in the rearview mirror.

With automotive cybersecurity progressing at lightspeed, Dante Stella, Kimberly Holmes, and Cinthia Motley predict what’s next.Continue Reading 2023 Automotive Trends Check-In: Trending Up or Trending Down? Spotlight: Cybersecurity

Technologies like built-in navigation, driver-assistance systems and integral telematics, and mobile device synchronization increasingly bring data privacy to the forefront in the auto industry. While the EU has taken a top-down approach, individual states on this side of the pond continue to pass legislation in this space. The latest effort comes from Texas. And it should come as no surprise that it’s Texas-sized.  Continue Reading Texas Passes One of the Strongest Data Privacy Laws in the Nation

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Data security is not just hackers in cyberspace. It also exists in the physical world, and some of it relates to pedestrian but necessary security protocols for nuts-and-bolts objects. A recent report of a data leak shows how focusing exclusively on active systems can lead to unexpected and potentially problematic results.

In the story linked above, a manufacturer of connected vehicles replaced a number of its data storage appliances. A white-hat hacker reported that he had purchased four of the replaced units from eBay and found that they still contained the customers’ personal data, including the owners’ home and work locations, all saved wifi passwords, calendar entries from the customers’ phones, call lists and address books from paired phones, and Netflix and other stored session cookies. This incident follows a report from white-hat hackers last year who discovered drivers’ personal information in the electronic systems of salvaged vehicles.
Continue Reading Data Security: What Happens at the End of the Road?

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The California Consumer Privacy Act (“CCPA”), Cal. Civ. Code 1798.100-199, presents some interesting questions for mobility businesses and service providers that handle data developed or transmitted by vehicles. Although the CCPA was passed with an effective date of January 1, 2020, the regulations implementing it are still in flux—and are on their second iteration. But whether final regulations are in place or not, enforcement by the California Attorney General’s office could start as early as July 1, 2020.  Because the CCPA provided only limited exemptions for information collected by the automotive industry—information collected under the Driver’s Privacy Protection Act of 1994 and certain information developed and exchanged by new auto dealers and vehicle manufacturers in connection with warranty work or vehicle/part recalls—significant questions remain as to how the CCPA will be applied to the mobility industry.

For the past hundred or so years, most vehicles did not have the electronic brains to require a CCPA “gut check.” When electronics made their debut in automobiles, tools like OBD allowed vehicles to store diagnostic codes, and eventually event recorders (now regulated by the Driver Privacy Act of 2015) recorded pre-accident conditions. Telematics began to change the picture in the late 1990s, with automobiles transmitting information to central locations using cellular (and now wireless) technology. Modern connected vehicles can collect vast amounts of data when driven—and they can pass large amounts of it to manufacturers and service providers. And even when they are not actively transmitting this information, such information can be extracted from vehicles by service personnel. SAE Level 4 and Level 5 autonomous vehicles will necessarily be more dependent on connectivity both to central data sources and to each other—and can be expected to drive an explosion in data transmitted and analyzed on a central basis. Some of this will be regulated by data privacy laws, such as the CCPA, despite the above noted exceptions for automotive information.
Continue Reading CCPA: Keeping the Wheels on the Road