Update on the black box

By: Drivers.com staff
Date: Thursday, 21. September 2006

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'Black boxes', or Electronic Data Recorders (EDRs), are certainly not new. The devices gather information on everything from speed, brake pressure and seatbelt use to air bag deployment. The information is most typically used for analyzing accident causes but it has been used also for determining guilt in criminal and civil cases throughout the U.S.

What's new is a law requiring that all manufacturers of vehicles sold in the U.S. must tell owners if their vehicles have the devices. The new rule takes effect with 2011 models.

A few years ago the inclusion of EDRs in cars became a hot issue, since the information they record could potentially be used in many ways that drivers are unaware of. Nevertheless, the devices are increasingly being installed in cars, with an estimated 15-20% of vehicles already having them. About 65% of all new cars sold in the U.S. in 2004 had EDRs installed. The U.S. National Highway Safety Administration is urging manufacturers to install them on all new vehicle models by 2008.

Typically, the EDRs record only a few seconds of information but that could change as consumers opt to accept more comprehensive information-recording such as GPS tracking and diagnostic data.

Needless to say, the privacy issue is not going to go away.

For many, privacy is virtually a non-issue – "If I’m not doing anything wrong why should I worry." For others, black boxes are the 'thin edge of the wedge' and part of a dangerous trend. They add to the vast amounts of information already available to governments, businesses and other institutions that have the capability collect and organize it, and this trend is uncomfortable.

There are interesting cases to bolster the arguments of both sides. For example the case of the Canadian driver who had no idea his car contained a device that recorded him travelling at 131 kms/h in a 50 km/h zone before his accident. This information was submitted as evidence and sent him to prison. And then there was the case of the Florida truck driver charged with vehicular homicide after his truck collided with a police car, killing an officer who had stopped to assist a disabled vehicle. Police alleged he was traveling at least 80 mph at the time of the crash. The truck's black box showed he was travelling at less than 70 mph and within the legal limit.

Crash analysis experts and safety researchers want to be able to read data that might help in explaining why crashes occur and developing prevention strategies.

There's no doubt, black boxes in cars are here to stay and are likely to extend their capabilities, particularly if partnered with GPS systems. Then the 'big brother' elements in our society will have the potential capability to know both how we drive and where.

In 2004, California became the first U.S. state to enact legislation requiring manufacturers to disclose to customers whether EDRs are installed in vehicles.  The law also prohibits download of that data without the owner's permission or a court order. As of August 2006, California and New York have passed laws prohibiting rental car companies from using electronic surveillance or global positioning devices to impose fees, charges or penalties relating to the renter's use of the vehicle.

Other states are rapidly following suit. Nevertheless, there will certainly be ongoing controversy over the privacy issue during the coming years.

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