It's perfectly legal for cars to harvest your texts, call logs [View all]

[justaprogressive]

In response to five class-action lawsuits, a Washington appeals court has decided that Honda and several other automakers did nothing wrong by storing text messages and call records from connected smartphones.

Honda, Toyota, Volkswagen, and General Motors were all facing charges in separate but related class-action suits that all claimed they violated Washington state privacy laws. The cases were all dismissed in court earlier this year, and the US Court of Appeals for the 9th Circuit decided [PDF] this week they weren't going to reopen the cases to further litigation.

The Circuit judges hearing the case lumped all of them together because "the factual background and legal issues are virtually identical," and dismissed the appeal not because the automakers hadn't done anything wrong, but rather because the claims didn't meet the Washington Privacy Act's (WPA) statutory injury requirements.

"To succeed at the pleading stage of a WPA claim, a plaintiff must allege an injury to 'his or her business, his or her person, or his or her reputation,'" the judges ruled. "Contrary to Plaintiffs' argument, a bare violation of the WPA is insufficient to satisfy the statutory injury requirement."

In other words, it's A-OK for your car to "automatically and without authorization, instantaneously intercept, record, download, store, and [be] capable of transmitting" text messages and call logs since the privacy violation is potential, but the injury not necessarily actual.

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