December 7, 2012 9:44:52 AM
WASHINGTON -- Many motorists don't know it, but it's likely that every time they get behind the wheel, there's a snitch along for the ride.
In the next few days, the National Highway Traffic Safety Administration is expected to propose long-delayed regulations requiring auto manufacturers to include event data recorders -- better known as "black boxes" -- in all new cars and light trucks. But the agency is behind the curve. Automakers have been quietly tucking the devices, which automatically record the actions of drivers and the responses of their vehicles in a continuous information loop, into most new cars for years.
When a car is involved in a crash or when its airbags deploy, inputs from the vehicle's sensors during the 5 to 10 seconds before impact are automatically preserved. That's usually enough to record things like how fast the car was traveling and whether the driver applied the brake, was steering erratically or had a seat belt on.
The idea is to gather information that can help investigators determine the cause of accidents and lead to safer vehicles. But privacy advocates say government regulators and automakers are spreading an intrusive technology without first putting in place policies to prevent misuse of the information collected.
Data collected by the recorders is increasingly showing up in lawsuits, criminal cases and high-profile accidents. Massachusetts Lt. Gov. Timothy Murray initially said that he wasn't speeding and that he was wearing his seat belt when he crashed a government-owned car last year. But the Ford Crown Victoria's data recorder told a different story: It showed the car was traveling more than 100 mph and Murray wasn't belted in.
In 2007, then-New Jersey Gov. Jon Corzine was seriously injured in the crash of an SUV driven by a state trooper. Corzine was a passenger. The SUV's recorder showed the vehicle was traveling 91 mph on a parkway where the speed limit was 65 mph, and Corzine didn't have his seat belt on.
There's no opt-out. It's extremely difficult for car owners to disable the recorders. Although some vehicle models have had recorders since the early 1990s, a federal requirement that automakers disclose their existence in owner's manuals didn't go into effect until three months ago. Automakers who voluntarily put recorders in vehicles are also now required to gather a minimum of 15 types of data.
Besides the upcoming proposal to put recorders in all new vehicles, the traffic safety administration is also considering expanding the data requirement to include as many as 30 additional types of data such as whether the vehicle's electronic stability control was engaged, the driver's seat position or whether the front-seat passenger was belted in. Some manufacturers already are collecting the information. Engineers have identified more than 80 data points that might be useful.
Despite privacy complaints, the traffic safety administration so far hasn't put any limits on how the information can be used. About a dozen states have some law regarding data recorders, but the rest do not.
"Right now we're in an environment where there are no rules, there are no limits, there are no consequences and there is no transparency," said Lillie Coney, associate director of the Electronic Privacy Information Center, a privacy advocacy group. "Most people who are operating a motor vehicle have no idea this technology is integrated into their vehicle."
Part of the concern is that the increasing computerization of cars and the growing transmission of data to and from vehicles could lead to unintended uses of recorder data.
"Basically your car is a computer now, so it can record all kinds of information," said Gloria Bergquist, vice president of the Alliance of Automotive Manufacturers. "It's a lot of the same issues you have about your computer or your smartphone and whether Google or someone else has access to the data."
The alliance opposes the government requiring recorders in all vehicles.
Data recorders "help our engineers understand how cars perform in the real world, and we already have put them on over 90 percent of (new) vehicles without any mandate being necessary," Bergquist said.
Safety advocates, however, say requiring data recorders in all cars is the best way to gather a large enough body of reliable information to enable vehicle designers to make safer automobiles.
"The barn door is already open. It's a question of whether we use the information that's already out there," said Henry Jasny, vice president of Advocates for Highway and Automotive Safety.