Technical operation of the Tesla Sentry Mode
Sentry Mode is a special safety feature of Tesla vehicles. When the vehicle is parked, Sentry Mode can be activated. Sensors then continuously monitor the vehicle's surroundings. Upon detecting potential dangers or movements, the cameras integrated into the vehicle activate automatically and record the situation. This is done via dashcams that capture the area around the vehicle.
The decisions of the Federal Administrative Court
The Federal Administrative Court made the first groundbreaking decision regarding Sentry Mode in March 2024. The ruling made it clear: anyone who activates Sentry Mode becomes the data controller under data protection law. The decision clarifies that the use of Sentry Mode cannot be classified as private data processing. Instead, it is subject to all requirements of the GDPR and the Austrian Data Protection Act (DSG). What requirements arise from this for video surveillance, we have already in one of our last Blog posts covered in detail.
The second decision confirmed the legal classification of the March decision, although the specific case was different. The court found that the Sentry Mode was not activated in the vehicle in question. As a result, the fundamental question regarding the legality of Sentry Mode in Austria remained unanswered.
Position of the data protection authority
Clarification of this question would have been desirable. This is because the Austrian Data Protection Authority holds a rather critical stance towards dashcams. It assumes that their use is generally impermissible. It remains to be seen how the Federal Administrative Court will ultimately assess the legality of the Tesla Sentry Mode, which also utilizes dashcam technology.
The case law of the Federal Administrative Court has direct implications for Tesla drivers in Austria. The activation of Sentry Mode should only take place after careful legal review. It is already clear that specific requirements of the GDPR and the Data Protection Act (DSG) must be met for the lawful use of Sentry Mode. In particular, the surveillance on the vehicle must be transparently indicated. In addition, data subjects must be informed about how their data is processed and who may have access to it. Anyone using Sentry Mode will also have to ensure the timely deletion of the recordings.
Violations of data protection regulations not only threaten administrative proceedings, but also civil law consequences. Data subjects whose rights have been infringed can assert claims for injunctive relief and damages. The amount of potential claims for damages is not limited to material damage.
Conclusion
The BVwG decisions mark an important step in the legal classification of modern vehicle technologies. They illustrate the conflict between technical innovations and the protection of privacy. A final supreme court clarification regarding the fundamental admissibility of Sentry Mode is still pending.
Both the activation of Sentry Mode and the use of dashcams or other mobile cameras should therefore be carefully considered. For further information and individual consultation, please contact Matija Pfefferkorn and Roman Taudes at the phone number 01 3912345 or by email office@atb.law available.
