In a landmark case, General Motors (GM) is embroiled in a multi-district lawsuit accusing the automaker of violating customer privacy by collecting and selling driving data without proper consent, as reported by Law360. The Detroit-based company Berichten zufolge argues that driving on public roads negates any expectation of privacy, a defense that could reshape how electric vehicle (EV) data is handled.

GM’s Public Roads Defense

GM’s 111-page filing to dismiss the case, filed in a Georgia federal court, asserts that “driving a vehicle—which necessarily involves conduct that takes place on public roads—cannot form the basis for any privacy-based claim.” The automaker cites legal precedents, including a 2015 case where drone surveillance in a public space was deemed non-invasive, and the Restatement of Torts, which states that public conduct, such as driving on “public highways,” is observable and thus not private. GM emphasizes that driving data—encompassing vehicle location, routes, braking events, and speed—occurs on “public thoroughfares” and is inherently visible.

Co-defendants LexisNexis and Verisk, which purchased the data from GM, echo this argument, stating, “Courts consistently hold there is no reasonable expectation of privacy in driving activity on public roads.” This defense hinges on the visibility of driving behavior to the public, challenging the plaintiffs’ claim of a “reasonable expectation of privacy.”

Broader Legal Claims

The plaintiffs allege GM violated not only privacy rights but also the Federal Wiretap Act, Stored Communications Act, and Computer Fraud and Abuse Act through its OnStar Smart Driver program, which collected data until its discontinuation in April 2024. GM counters these claims, arguing that the public nature of driving undermines the plaintiffs’ case. The outcome could set a precedent for how EV manufacturers manage telematics data, especially as vehicles become more connected.

Industry and Regulatory Context

The case highlights a growing tension in the EV industry, where advanced telematics systems enable unprecedented data collection. With EVs like GM’s Chevrolet Bolt equipped with OnStar, automakers can track metrics such as speed (e.g., exceeding 80 mph or 129 km/h) and braking patterns, often without transparent consent. The Federal Trade Commission’s 2025 settlement banning GM from sharing driver data with consumer reporting agencies for five years underscores regulatory scrutiny, yet the lack of a comprehensive U.S. data privacy law leaves gaps that state actions, like this Georgia lawsuit, aim to address.

Market implications are significant. If GM’s defense prevails, automakers may face fewer restrictions on monetizing driving data, potentially increasing insurance premiums for EV owners without their explicit consent. Conversely, a plaintiff victory could force stricter data consent protocols, aligning U.S. practices closer to the European Union’s stringent General Data Protection Regulation (GDPR).

EVXL’s Take

The notion that driving on public roads voids privacy expectations feels like a legal sleight of hand. While GM’s argument is grounded in precedent, it sidesteps the invasive reality of constant, automated data collection—far beyond what a bystander could observe. EVs promise efficiency and innovation, but without clear data protections, owners risk becoming unwitting data brokers for automakers. This case should prompt EV enthusiasts to demand transparency and control over their vehicle’s data, ensuring driving remains a privilege, not a surveillance contract.