On June 15, Texas Gov. Greg Abbott signed a bill that explicitly allows self-driving cars on the state’s roads and highways, regardless of whether a human is physically present. While there was no ban on driverless cars, Texas law did not explicitly permit them either. This created a grey area of the law that fueled apprehension among manufacturers about testing self-driving cars in Texas.

Senate Bill 2205 allows driverless vehicles to operate in the state as long as the vehicle is:

  • Capable of operating in compliance with state traffic and motor vehicle laws;
  • Equipped with a recording device;
  • Equipped with an automated driving system that complies with applicable federal law and federal motor vehicle safety standards;
  • Registered and titled in accordance with Texas law; and
  • Covered by motor vehicle liability coverage or self-insurance.

With the new law, Texas joins a growing list of states that officially permit driverless cars on public roads, setting up the stage for the eventual rollout of autonomous vehicles to consumers. But while the technology has remarkable potential, it also raises significant privacy and security concerns. Autonomous vehicles are data-gathering machines and may log historic and real-time geolocation data, which will likely be highly coveted for its ability to reflect individuals’ lifestyles and purchasing habits. Cybersecurity is another major issue – for example, how will collected data be stored or transmitted? In addition, vulnerabilities may allow hackers to hijack and steal self-driving cars or interfere with their safety.

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Photo of Jeffrey L. Poston Jeffrey L. Poston

Jeff Poston is a partner in Crowell & Moring’s Washington, D.C. office, where he serves as co-chair of the firm’s Chambers USA-ranked Privacy & Cybersecurity Group and is a member of the Litigation Group. A seasoned trial lawyer with more than 25 years…

Jeff Poston is a partner in Crowell & Moring’s Washington, D.C. office, where he serves as co-chair of the firm’s Chambers USA-ranked Privacy & Cybersecurity Group and is a member of the Litigation Group. A seasoned trial lawyer with more than 25 years of experience leading investigations and litigation for corporate clients, Jeff counsels and defends clients in complex data protection matters involving class-actions and regulatory enforcement actions, as well as commercial disputes. Jeff also counsels businesses on both domestic and international privacy compliance matters, including the EU General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).

Photo of Brandon C. Ge Brandon C. Ge

Brandon C. Ge is an associate in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Privacy & Cybersecurity and Health Care groups.

Brandon advises clients on a wide range of privacy and cybersecurity laws, regulations, and standards.

Brandon C. Ge is an associate in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Privacy & Cybersecurity and Health Care groups.

Brandon advises clients on a wide range of privacy and cybersecurity laws, regulations, and standards. His practice has a particular focus on advising clients – from start-up digital health companies to large health plans – on all aspects of compliance with the Health Insurance Portability and Accountability Act (HIPAA). Brandon regularly assists clients with responding to security incidents and has successfully represented clients in Office for Civil Rights investigations.