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States Moving to Protect Motorists from Black Boxes

By Joe Benton
ConsumerAffairs.com

October 3, 2005
Five states have joined California by passing laws to protect consumers from cars that can keep track of their owners' driving behavior. Every vehicle General Motors and Ford builds is equipped with event data recorders (EDR) -- or black boxes. Among other things, the data can be used to analyze accidents.

"Black Boxes" • Black Box Rule Ignites Hot Debate • NHTSA: Automakers Must Disclose Black Boxes • Three States Consider Limits on Black Boxes • States Moving to Protect Motorists from Black Boxes • North Dakota Limits Use of Black Boxes By Insurers • Big Brother May Be Your Co-Pilot

Last year, California became the first state to pass a law governing how black box data can be used. Arkansas, Nevada, New York, North Dakota and Texas have followed.

This year, 15 states are considering privacy laws to protect vehicle owners from their own black boxes. Most of the bills try to settle the question of ownership and access to the recorded information by giving title of the data to the consumer.

EDRs record speed, engine revolutions per minute, braking and seat belt use along with an array of other information investigators would like to see after an accident.

As consumer groups push for restrictions on black boxes, AAA wants automakers to outline in owners' manuals what data is collected and who could possibly have access it.

Federal regulators have not moved to require black boxes in every new vehicle because of privacy issues. The question of who owns the data collected by the vehicle belongs to has still not been settled at the federal level.

Nevertheless, officials with National Highway Traffic Safety Administration (NHTGSA) would like to standardize the data that is collected, so that safety researchers would have new and authoritative databases to track highway safety trends.

NHTSA estimates 40 million vehicles in the United States have black boxes and between 65 percent and 90 percent of new cars have black boxes installed.

No one disputes that data recorders are helpful in crash investigations. Federal regulators insist that their only intention is to use the information for research purposes.

Black boxes are part of on-board computers that are installed to determine when air bags should be deployed. Sensors monitor a car's speed, acceleration and impact with other objects. As more safety devices are added, including antilock brakes and electronic stability control, more sensors are been added.

All of the information is recorded and can be used for purposes other than maintaining on-board safety systems following an accident. Growing numbers of owners complain that the computers are being used against them in traffic infractions and in personal injury lawsuits following accidents.

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