Car manufacturer General Motors (GM) is the subject of litigation in Georgia by two New Jersey Chevy Bolt drivers who allege that GM collected data about their driving habits and behavior and disclosed it to third parties, including insurance companies, causing them to pay higher insurance rates and experience difficulty in obtaining reasonable premiums.

They allege that they did not agree to the collection and disclosure and that it was a breach of contract and their privacy. The crux of the case alleges that GM collected their driving habits and behavior and then shared it with third parties, including OnStar, insurance carriers, and others. Although the plaintiffs admit they were enrolled in OnStar, they did not agree to have their data transmitted to third parties.

The case illustrates how data from vehicles can be collected and disclosed and reminds us to review applicable privacy policies whenever interacting with any technology, including vehicles. Privacy policies and pop-ups are designed to provide consumers with information about how data is collected, used, and disclosed, and when downloading an app to any device (including a vehicle), it is important to read the notices and set privacy settings in each instance.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.