Gregg Delman

flickr / adrian8_8

Credit: Flickr / adrian8_8

If you bought a car within the past few years, chances are it's spying on you. Devices known as event data recorders (EDR) tap into your car's network of sensors, and dump a stream of data in the event of a crash—including the vehicle's speed, throttle/brake pedal position, and seat belt use.

Historically, the issue of who owns EDR data and who can access it has been left up to the states, with only a dozen enacting laws regarding EDR data use. But today, the AP reports, the National Highway Traffic Safety Administration (NHTSA) will propose regulations mandating automakers to install event data recorders on all new vehicles—turning EDR data ownership into a national issue.

Like any information-gathering technology, EDR is a double-edged sword. While it can help detect accidents and call for help, as well as provide auto engineers with a bevy of data to improve crash safety, its information has also been used against drivers. In one example in 2007, EDR data revealed that the driver carrying then-Gov. Jon Corzine of New Jersey in a Chevy Suburban was traveling 91 mph before it struck a white pickup and critically injured Corzine.

So far, the extent of the NHTSA's involvement has limited to standardizing these automotive black boxes by outlining 15 data points manufacturers must record during an airbag deployment, and requiring automakers to notify owners of the devices by noting their existence in the owner's manual. The National Motorist Association, a motorist rights advocacy group, argues that the issue of who owns all this data, and who has a right to see it, is a mess right now. In addition to the handful of states that have regulations in place, some insurance companies contractually require drivers to give up EDR data as an act of full "compliance" in settling a claim. Even if the federal government rules that ownership is simply defined by who owns the car, it's unclear how that will affect people who lease, rent, or bought their vehicle with a loan.

It makes sense that the NHTSA wants to push for EDRs in all vehicles, as more crash data should lead to safer cars. But without the legislation determining who controls the data, this technology will be hot-button privacy issue.

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