What You Should Know About Bringing Big Brother Along for a Ride in Your New Car

Privacy concerns about black boxes in cars have generated heated debate for almost 10 years. But black boxes in cars (or EDRs - event data recorders) as currently designed and used don't present much cause for concern, even to Galveston, TX personal injury attorneys. The privacy debate heated up again recently because of a government announcement that it will issue new regulations in October 2011 requiring standardized black boxes in all U.S. car models as of the 2013 model year.

Current black boxes in cars only record about 15 seconds worth of data right before an impact. Even then, various problems with current EDR devices may result in the data being lost, unusable or even unobtainable for your Texas car wreck. EDRs as yet have proven useful in only a relatively small number of legal inquiries. Probably the most high-profile use of the EDR yet related to the alleged "sticking gas pedal" problem in the Toyota Prius.

More worrisome to most Galveston, TX personal injury attorneys than the usual privacy concerns about black boxes in cars are sophisticated systems like the OnStar device. Vendors tout OnStar's utility for summoning aid in the event of a wreck or vehicle breakdown. But the device might also permit authorities to disable your vehicle if they are in pursuit. The OnStar technology provides opportunities for ongoing monitoring of your driving behavior and destinations. Cheating spouses may wish to be wary of such devices.

Current, and even 2013-mandated, black boxes in cars don't collect even a fraction of the data gathered by OnStar or by airplane black boxes. EDRs far fall short of the privacy intrusion offered by the data loggers that many delivery drivers must use for work on a daily basis. And in Texas, owners must give permission before others can download the data from their cars' black boxes. Curiously, Texas doesn't really seem to define "owner." This leaves the possibility open that a lien owner who has repossessed a vehicle or a salvage yard that has acquired a car after a Texas car wreck could legally give permission to download the data from your car's black box.

Privacy advocates fear a future in which black boxes in cars might be used to track your every move. Privacy concerns about black boxes in cars envision authorities, insurers and even spouses' attorneys tracking your routes, your speeds, whether or not you use proper signals and even your cell phone use while driving. They picture devices that would allow other drivers on the road to pinpoint your car for authorities who might then disable your vehicle remotely.

Given current trends that see more and more individual privacy eroded each year, these privacy advocates are probably not far wrong. But such sophistication is still in the future. The 2013 cars containing mandated EDR technology won't be much different from cars already containing black boxes. The main difference will be that these newer EDRs will be more standardized, allowing for greater uniformity in data collection, use and extraction. We, as Galveston, TX personal injury attorneys, do not much fear use of EDR data to establish liability for a Texas car wreck. That, after all, could be helpful. What we do fear is that government mandated EDR technology might ultimately be just another way to track you and limit your privacy.