Who Owns Your Black Box Data?

When a crash triggers the Event Data Recorder, who has a right to the information? The police, the automaker, the insurer, the driver, and crash victims may all clamor for a peek into the black box to find out what really happened. Privacy advocates are launching a grassroots campaign to ensure that the black-box crash data stays securely in the hands of the vehicle owner. The National Motorists Association is calling on the public to sign a White House petition to include a provision in the new transportation bill that mandates a lockable cover to the EDR’s data port.

The NMA has until May 22 to gather 25,000 signatures, the threshold required to solicit a response from President Obama on the proposal to amend Senate Bill 1813. This measure within the federal transportation bill, which has had an agonizing and slow birth, requires all vehicles manufactured after September 2015 to be equipped with an EDR capable of capturing a wide range of data points under a specific list of crash conditions and within certain parameters of accuracy. The bill requires automakers to make third-party data readers available to the public and contains language covering the ownership of the data. Currently, 13 states address the privacy aspect of EDR data in their laws, but there is a lot of variability in what protections they afford vehicle owners.

“We say that when the customer drives off the lot with a new vehicle, the customer owns more than the vehicle -- they own the data that the vehicle generates. Under this law, there are no ways or means for customer to control it,” says Thomas M. Kowalick, chairman of the Institute of Electrical and Electronic Engineers’ (IEEE) global standards development for Motor Vehicle Event Data Recorders.

No Black Box Exoneration for Toyota, Part II

After the Wall Street Journal plastered the front page a few weeks ago claiming NHTSA had “black box” (aka Event Data Recorder or EDR) data to support that driver error, not electronics, was the cause of the unintended acceleration issues in Toyotas, the headline is back yet again following a NHTSA Congressional briefing yesterday.

The WSJ in a subsequent story identified George Person, recently retired head of the recall division at NHTSA, as the source.  (see No Black Box Exoneration for Toyota and Lawsuits Fill in Outline of Toyota Sudden Acceleration Cover-Up)

Lawsuits Fill in Outline of Toyota Sudden Accleration Cover-Up

The splash that retired NHTSA recall division chief George Person made when he told The Wall Street Journal that the agency was sitting on a report that would show driver error to be the cause of Toyota SUA events has been submerged by a new wave of reality, as attorneys heading the Multi-District Litigation (MDL) charged in a class-action complaint that Toyota knew since 2003 that it had an SUA problem it could not explain and its own dealers witnessed some events.

The MDL, filed this week on behalf of Toyota and Lexus owners alleging that the automaker’s SUA defect has caused their vehicles to lose value, shows that Toyota has known, at least since May 2003 that its Electronic Throttle Control had a “dangerous” unintended acceleration problem with an unknown cause. That civil action, and a second one claiming damages for Toyota and Lexus owners who were injured or killed in crashes alleged to have been caused by SUA, cite six incidents which occurred between 2003 and 2010, witnessed by Toyota technicians, dealers and others. The e-mails also show that Toyota spent considerable energy trying to divert NHTSA from looking too closely at the issue. Here are some highlights from the class-action complaint:

EDR: Toyota’s Electronic Doubt Receptacle

Earlier this week, police in Auburn, New York concluded that a fatal crash involving a 2010 Camry that plowed through a red light was caused by the driver, who suffered a medical condition.

Law enforcement based this in part on the results of the Camry’s Event Data Recorder (EDR) – aka, “black box” – readout, which appeared to show that the driver Barbara Kraushaar never hit the brake in the five seconds before her Camry struck a Ford Taurus, and killed driver Colleen A. Trousdale.

A news report in Syracuse’s Post-Standard quoted Auburn Police Lt. Shawn Butler, thus:

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