Tesla Loses Court Battle in China: “Roof Protest” Owner Wins Right to Access Driving Data

Zhang said she plans to submit the data for forensic examination before deciding whether to pursue further litigation against Tesla over potential brake failure.

On September 16, Zhang, the Tesla owner who drew nationwide attention in 2021 with her “roof protest” at the Shanghai Auto Show, announced on social media that she had won a significant victory in her four-year legal battle against the automaker.

Zhang posts legal victory over Tesla, featuring text and two documents outlining the court ruling.
Zhang posts legal victory over Tesla

According to a first-instance ruling by the Beijing Daxing District People’s Court, Tesla must provide Zhang with 30 minutes of complete driving data from before the February 21, 2021 accident involving her family’s Model 3.

The dispute dates back to February 2021, when Zhang’s father was involved in a rear-end collision while driving the Model 3. Local traffic police held the driver fully responsible, but Zhang’s family maintained suspicions that the incident was linked to alleged brake failure.

A protester stands on top of a car at an auto show, wearing a shirt with a message related to brake failure and surrounded by onlookers, including security personnel.
Zhang stood atop a Tesla display vehicle at the Shanghai Auto Show shouting “brake failure.”

Zhang repeatedly demanded that Tesla disclose the full vehicle data, but the company declined. In April 2021, she stood atop a Tesla display vehicle at the Shanghai Auto Show shouting “brake failure,” an act that went viral online.

The protest ended with her being detained by police for five days for “disturbing public order,” cementing the phrase “roof protest” in the Chinese public lexicon.

Tesla responded with a countersuit later that year. In October 2021, Tesla (Shanghai) Co. sued Zhang for defamation, seeking RMB 5 million ($702,000) in damages.

In July this year, the Shanghai No. 2 Intermediate People’s Court upheld an earlier ruling requiring Zhang to issue a public apology and pay RMB 170,000 ($23,900) in compensation.

In the latest judgment, however, the Daxing court sided with Zhang, ruling that Tesla, as an operator, has a duty to safeguard consumers’ right to information and therefore must provide the complete data.

Legal document from the Beijing Daxing District People's Court regarding the case of Tesla and Zhang, highlighting the requirement for Tesla to provide driving data related to a collision.
Legal document from the Beijing Daxing District People’s Court regarding the case of Tesla and Zhang

Zhang said she plans to submit the data for forensic examination to verify its authenticity and integrity before deciding whether to pursue further litigation against Tesla over potential quality defects.

She also acknowledged the battle is far from over, noting Tesla is likely to appeal. Zhang herself intends to continue fighting through the appeals process if necessary, while also seeking a retrial in the defamation case, arguing that her consumer rights were violated first and that her auto show protest was a legitimate form of rights defense.

As of press time, Tesla had not issued a public response to the ruling.


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