New driver safety technologies in vehicles are facing a dual challenge, with accusations of racial bias in performance and growing concerns over the collection and sharing of personal data. These advanced systems, including infrared cameras designed to monitor driver alertness, are becoming more prevalent following congressional mandates aimed at reducing distracted and impaired driving.
The controversy gained traction after a viral video, though unverified, depicted a driver of Asian descent receiving a false alert that his eyes were closed while driving at highway speeds. The system, intended to detect drowsiness, appears to have misidentified the driver's wide-open eyes. Similar issues have been reported by other Asian drivers in vehicles with comparable technology, including Chinese-made XPeng cars, where drivers have reported being penalized for perceived distraction due to the eye-openness detection systems.
Government Mandates and Emerging Technology
Recent legislative efforts, such as the HALT Drunk Driving Act passed in 2021, require all new vehicles to incorporate technologies that can passively detect and prevent impaired driving. While infrared cameras are one potential solution, the National Highway Traffic Safety Administration (NHTSA) has yet to establish specific standards or a rollout deadline for this technology. The NHTSA has also indicated that no commercially available system currently meets the law's requirements for detecting driving impairment.
Beyond monitoring drowsiness, these advanced safety features can track a variety of driving behaviors, including braking, acceleration, and cornering. These systems are designed to alert drivers to potential violations and to meet federal safety standards. However, the implementation is proving complex, with early adopters encountering glitches.
Data Privacy Under a Microscope
Parallel to concerns about performance, the extensive data collection capabilities of modern vehicles are raising privacy alarms. Manufacturers like Lexus collect driving data, vehicle health information, and potentially voice recordings, often requiring user consent that can impact the functionality of connected services if declined. While Lexus states it does not share driver data with third parties for their own purposes without explicit consent, other manufacturers have faced regulatory action.
In 2025, the Federal Trade Commission (FTC) found that General Motors (GM) had not adequately informed customers about the sharing of their data, including precise geolocation and driver behavior information, with third parties like LexisNexis. GM was subsequently banned from sharing such data with brokers for five years. The FTC cited that many drivers were unknowingly enrolled in data-sharing programs, often at dealerships, leading to increased insurance premiums or denial of coverage.
One driver reported that a LexisNexis report detailing his driving habits over six months contained 130 pages of information from just 640 trips. A Cadillac driver faced similar issues, being denied insurance by multiple companies before discovering his driving data had been recorded and shared.
Broader Industry Trends and Concerns
Investigations by The New York Times revealed that GM stopped sharing data with LexisNexis in 2024 following customer feedback and an investigation. A 2023 analysis by Mozilla, the maker of Firefox, examined 25 car brands and found that none met Mozilla's privacy and security standards. The study indicated that car companies collect a wide range of personal data, including information on race, age, and health, with many expressing intent to sell consumer data without clear disclosure to customers.
The collection and use of this data, particularly by insurance companies to set premiums, represent a significant privacy challenge. As Congress mandates more advanced safety features, the potential for these systems to misidentify individuals or misuse collected data remains a critical concern for consumers and regulators alike.