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Technology
Leaking Tesla

Tesla could face a $3.3 billion fine over a massive data leak

The Tesla Files leak is a public relations fiasco for the carmaker.
But it presents and even bigger legal problem.

By
Scott Nover
PublishedFriday 4:07PM
We may earn a commission from links on this page.
     
An aerial photograph of a parking lot at Tesla's California factory
with Tesla cars parked
Tesla could be in big trouble with the EU.Photo: Justin Sullivan
(Getty Images)

A whistleblower leaked a massive trove of data about the electric
carmaker Tesla to the German publication Handelsblatt.

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The leak included thousands of customer complaints about Tesla,
particularly the company's full self driving (FSD) system, the car's
autopilot. "The Tesla files contain thousands of reports about
complications with the driver assistance systems, complaints of Tesla
vehicles suddenly braking at full speed, or accelerating suddenly,"
Sebastian Matthes, the outlet's editor-in-chief, wrote in an editor's
note on May 25 about what he's calling the Tesla Files. (His
statement has been translated and lightly edited for clarity.)

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While this is a public relations nightmare for Tesla, it could also
present serious legal problems. The data leaked included customer
bank details, the salaries of 100,000 Tesla employees, and
information about Tesla CEO Elon Musk's personal vehicle and even his
social security number, the German outlet wrote.

The Dutch Data Protection Authority is already investigating. Tesla's
European headquarters is in Amsterdam. "We are aware of the
Handelsblatt story and we are looking into it," an agency
spokesperson told Reuters.

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A potentially record-setting GDPR fine

The EU's sweeping privacy law, the General Data Protection Regulation
(GDPR), allows EU countries to fine companies up to 4% of annual
revenue for infringement.

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For Tesla, which brought in $81.5 billion in revenue in 2022
according to its end-of-year earnings report (pdf), that could amount
to a $3.3 billion fine.

That would be the largest GDPR fine since the data privacy law went
into effect in 2018, surpassing the recent fine leveled against Meta.
The Facebook parent company was fined $1.3 billion by Ireland's Data
Protection Commission on May 22 over illegal data transfers of
Facebook user data between the EU and US.

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A Tesla fine under GDPR could blow that figure out of the water.

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