Automakers are coming under renewed scrutiny over claims that driver-monitoring technology may be unfairly flagging Asian motorists, just as federal officials increase pressure on car companies accused of sharing biometric and driving data with third parties, including insurers.
The issue was thrust into the spotlight after a viral video spread online showing a man of Asian descent getting a notification from the new high-tech safety system that his eyes were closed, a feature intended to detect driver drowsiness.
In the footage, the dashboard camera in what appeared to be a Lexus issued an alert suggesting the driver’s eyes were closed. Yet when the view shifted, the man behind the wheel appeared alert, looking ahead and driving steadily at 63 mph.
The clip has not been independently authenticated, but complaints about this kind of driver safety system are not new. Online owner forums have raised similar concerns since the technology began appearing in vehicles.
Congress has recently pushed for advanced safety technologies, including infrared in-cabin cameras, to be installed in new vehicles across the United States as part of an effort to reduce distracted and impaired driving.
Beyond detecting signs of fatigue, some vehicle safety and driver-assistance systems also collect information on braking force, acceleration, cornering behavior and other driving habits.
Comparable problems have been reported in other cars, including Chinese-made XPeng models, where some Asian drivers said eye-detection software appeared to misread them, CarScoops reported in 2022.
One Weibo blogger, known online as @DerekTLM, said his vehicle repeatedly marked him as distracted and deducted “smart driving points.” Under that system, motorists begin each year with 100 points and can lose them for driving violations or unsafe behavior.
An Asian driver traveling at 63 mph on a highway reportedly received an alert from what appeared to be a Lexus claiming his eyes were closed
The driver appeared to have his eyes open as he continued safely along the road
“I really just have small eyes, not fallen asleep while driving!” he wrote.
Although U.S. drivers are not subject to China’s formal social credit-style scoring, vehicle data has been used to build driver safety profiles, which some insurance companies have reportedly relied on when raising premium costs.
Today’s car monitoring systems can warn motorists when they exceed the speed limit, but newer infrared dashboard cameras go further by continuously tracking eye openness, allegedly against a preset measurement, along with facial position, to determine whether someone may be getting drowsy behind the wheel.
And the glitchy systems may become more commonplace, as the HALT Drunk Driving Act passed in 2021.
It requires all new vehicles to meet a certain standard for drunk and impaired driving prevention. Auto companies would be required to have technology that ‘passively’ detects impaired driving and prevent the vehicle from operating.
Infrared cameras could be one way to enforce it, among other things.
However, the implementation is being administered by the National Highway Traffic Safety Administration, which said this year that it has still yet to create the standard for the technology or a deadline for its rollout.
The organization has also told Congress there is not currently a commercially available driving alcohol impairment detection system that meets the law’s requirements.
The car uses infrared cameras to track movement, from eye positions to openness (stock image)
It is unclear when the full slate of safety features will be required in all new US cars, especially as drivers are quickly finding bugs in the systems for the distracted driving monitoring that are already on the market.
On a Lexus forum, many drivers complained that the feature constantly gave alerts, especially when wearing sunglasses.
Lexus smart vehicles automatically collect data on its users, even if they’re unaware. Some information it collects is driving data, such as speeding; vehicle health, and voice recordings, if one has their phone linked to their cars, its website read.
Users can opt out of the program, however, it will affect their ability to use other online connected features.
‘Declining the Vehicle Connectivity Consent will turn off all data transmission on your vehicle, and you will no longer have access to Connected Services, even if these services were included as part of your vehicle purchase,’ its website read.
However, unlike other car manufacturers, Lexus says it does not send a driver’s data to third parties, like LexisNexis, which helps car insurance companies figure out rates, without user consent.
‘Unless we obtain your consent, we will not provide your Driving Data to other parties for their own purposes,’ Lexus’ website reads.
In 2025, the Federal Trade Commission (FTC) found that General Motors (GM) did not adequately inform their customers that their data was being shared with third parties, like LexisNexis. The company was banned from sharing data with brokers for five years, The New York Times reported.
Lexus is among many car brands that offer services that track customer data (stock image)
‘GM monitored and sold people’s precise geolocation data and driver behavior information, sometimes as often as every three seconds,’ Lina Khan, the former FTC chair, said.
‘With this action, the FTC is safeguarding Americans’ privacy and protecting people from unchecked surveillance.’
The FTC found that many drivers who enrolled were not clearly informed about the programs and were oftentimes signed up at dealerships.
The data was collected by GM drivers using OnStar Connected Services, with several customers telling The Times their insurance skyrocketed or they were denied after starting the service.
Kenn Dahl, of New York, saw his insurance go up by 21 percent in 2022. When he asked why, one insurance agent told him to pull his LexisNexis report, he told The Times.
The 258-page document stunned him. It had 130 pages alone just describing where he and his wife drove their Chevrolet Bolt over the course of 640 trips.
It reported every time either of them had braked hard and how far they drove, among other data points, he told The Times.
GM settled with the FTC over selling data gathered from OnStar to third parties, like LexisNexis
It also showed eight insurance companies had requested information from the company while he was shopping around for new insurance.
‘It felt like a betrayal,’ he told The Times. ‘They’re taking information that I didn’t realize was going to be shared and screwing with our insurance.’
A Cadillac driver, who was not identified, had to obtain insurance through a private broker after he was denied by seven companies, The Times reported.
Like Dahl, he was also advised to pull his LexisNexis report. Six months of his driving had been recorded on his car, showing many instances of hard braking and accelerating.
The Cadillac driver had also enrolled in OnStar, The Times reported.
The FTC said enrolling in the program was too confusing for consumers. Under the settlement agreement, GM had to make it easier for drivers to turn off tracking and to be able to delete their data.
GM said it ended the program due to ‘customer feedback,’ The Times reported.
GM stopped sharing data with LexisNexis after a 2024 investigation by The Times.
Mozilla, which makes the Firefox browser, analyzed 25 car brands in 2023 and found that none of them meet the privacy and security standards Mozilla uses for its own brand.
It found car companies were collecting data on weight, race, age and health.
Nineteen of the 25 companies also said they would sell consumer data, but not to whom it would go to. It is unclear if customers were well aware that the companies were collecting and selling data.
Our News Outlet has reached out to Lexus, GM, and LexisNexis for comment.
