Airplanes have long been using “black box” technology to gather data about the last moments in a plane prior to an airplane crash or accident. The black box is a data recorder that remains intact regardless of the damage to the vehicle. Automobile data recorders are slowly making their way onto the market and while these car black boxes may clear up a great deal of confusion as to what was happening in two vehicles prior to an accident, they also raise a number of questions and concerns in relation to privacy issues and the law.
In a normal accident today, investigators use a number of methods to determine what happened. They may use physical evidence, computer simulations and they may use measurement techniques and equations to extrapolate when a person began to brake, how long it took them to stop and how much rubber residue was left on the road in order to recreate an accident to determine who was culpable. The latest technology is called the Automotive Black Box data recorder and it is incorporated within the air bag system of a vehicle.
The vehicle's on-board computer also stores data in two types of categories including both non-deployment incident information and deployment incident information. The idea of storing both types of information means that whether or not the airbag deploys, accident related data is stored as long as the sensors are activated – which occurs in most accidents. The type of data recorded from the automobile black box includes vehicle speed up to five seconds before impact, the status of the brakes – whether or not they were engaged – prior to impact, the throttle position prior to impact and the status of the seat belt prior to impact.
In many instances, consumers will appreciate having this kind of data available. If the airbag or vehicle malfunctions, for instance, the kind of data from a car data recorder would be invaluable to proving liability on the part of the automotive company. Additionally, this kind of information could be invaluable in settling disputes between motorists in a collision.
Problems begin to arise when people begin to question data integrity. For instance, how is the car black box data validated and how can you ensure that it is correct? Additionally, questions of who owns the data and who has the rights to the data have been raised. There are also questions about when law enforcement has the right to secure a vehicle and download relevant data since that is tantamount to a search and seizure of the vehicle contents and a process probably needs to be defined as to how the data is downloaded and who does it to ensure data integrity. Other questions quickly follow these queries in regards to the right of insurance companies, rental car companies and traffic court to secure this kind of information.
Clearly this is a complex legal issue and most of these scenarios will be addressed by the courts and by the legislature going into the future. If you have concerns or questions about an automotive data recorded and your privacy rights you should contact a qualified attorney.