A number of carmakers have confirmed that they are sharing location data from their cars with the US government, solely on the basis of subpoenas. This means that a judge does not have to provide approval for the data to be shared.

Toyota, Nissan, Subaru, Volkswagen, BMW, Mazda, Mercedes-Benz and Kia are sharing location data with authorities, without a warrant, The Leading Report revealed on Friday.

Democrat Senators Ron Wyden and Edward Markey sent a letter to the Federal Trade Commission at the end of April asking that the body investigate the practice in greater detail, in order to ensure that Americans are offered consistent legal protections with regard to their personal data.

“Since 2014, the industry pledged to require a warrant or court order before turning over vehicle location data to law enforcement agencies, except in emergencies or with customer consent,” the letter reads.

“But recent investigations by our offices confirmed that only some of the car companies are honoring this commitment. Other companies revealed they turn over Americans’ location data to the government with a mere subpoena, which does not require a judge’s review and approval.”

The letter then notes that the “The significant differences in privacy protection by the different automakers are a result of the current state of federal privacy law.”

“Congress has failed to act to protect Americans’ privacy, and the Supreme Court has yet to issue clear guidance on whether the Fourth Amendment applies to all government surveillance of Americans’ location data. While the Supreme Court’s 2018 Carpenter decision confirmed that the Fourth Amendment applies to some location data, the Court declined to issue a clear, across-the-board warrant requirement, for example, when the government seeks data for a one-week period or less.”

The senators note that only some car companies, such as Tesla, will tell customers if they have received a request for vehicle location data, and even then Tesla will still comply with judicial gag orders preventing the disclosure of such information.

The letter urges the FTC to “consider holding these companies’ senior executives accountable for their actions.”

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