Titanic1985
Champion Author
South Carolina
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Message Posted: Jan 11, 2013 11:48:48 PM
Hi MertieMan. I posted this topic in July and did not get a single response. I found it again and will paste it here, but first to answer your question, yes Law Enforcement Officers (LEOs) can and will submit the 30 seconds of recorded data in a court of law with or without you consent. It is not opinion, as stated in my original post copied it directly from my 2012 Chevrolet Sonic Owner's manual. Wamster is 100% correct in his post. Here is my original Topic which is worth repeating:
* * *
A while back, a man was involved in an auto accident which killed 5 people in a mini-van. At court, it was found that the vehicle was a rental with and EDR, commonly known in the airline industry as a "black box". While the rental car driver claimed he was only driving 30 MPH, the EDR showed a speed of over 100 MPH. After this accident it became known that General Motors had placed these EDRs in various vehicles, to include a focus on rental cars. Their purpose, according to GM, was to evaluate the operation of the vehicle to allow further improvements. Law Enforcement Officers secured the right to obtain the data and present it in a court of law, in this case.
A month ago, I purchased a 2012 Chevrolet Sonic and found in the Owner's Manual that this vehicle had an EDR. The following are quotes from that manual shortened for the sake of space:
"This vehicle has an Event Data Recorder (EDR). The main purpose of an EDR is to record, in certain crash or near crash-like situations, such as an airbag deployment or hitting an obstacle, data that will assist in understanding how a vehicle's systems performed. The EDR is designed to record data related to vehicle dynamics and safety systems for a short period of time, typically 30 seconds or less. The EDR in this vehicle is designed to record such data as:
How various systems in the vehicle were operating.
Whether or not the driver and passenger safety belts were buckled/fastened.
How far, if at all, the driver was pressing the accelerator and/or the
brake pedal.
How fast the vehicle was traveling.
This data can help provide a better understanding of the circumstances in which crashes and injuries occur.
IMPORTANT: EDR data is recorded by the vehicle if a non-trivial crash situation occurs; no data is recorded by the EDR under normal driving conditions and no personal data ... is recorded. However, other parties, such as law enforcement, could combine the EDR data with the type of personally identifying data routinely acquired during a crash investigation."
"GM will not access this data or share it with others except with the consent of the vehicle owner ...; in response to an official request by police or similar government office; as part of GM's defense litigation...' or as required by law." The rest of the notification deals with GM's use of the acquired data for research purposes.
* * *
Thank you for the opportunity to share again this information. I was a bit surprised no Gas Buddy responded, especially in regards to the privacy issues. Take care :-). MGY
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azcowboy
Rookie Author
Dallas
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Message Posted: Jan 11, 2013 11:24:05 PM
High tech sometimes helps but is NEVER under your control.
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wamster
Champion Author
Houston
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Message Posted: Jan 11, 2013 10:10:05 PM
I have a 2010 vehicle which has an EDR, Event Data Recorder. In certain crashes or near crashes; it can record airbag deployment, hitting a road obstacle, how the various systems in the vehicle are operating, whether seatbelts were fastened, how far the brake or fuel pedal was depressed, how fast the vehicle was going, and what position the steering wheel was in. It's designed to record 30 seconds of data.
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ZZZoop
Champion Author
Virginia
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Message Posted: Jan 11, 2013 5:47:30 PM
>>They aren't black, and they aren't even in boxes...<<
If only the media would apply that logic to aircraft cockpit and flight data recorders.
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probedude2
Champion Author
Akron
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Message Posted: Jan 11, 2013 1:45:23 AM
They aren't black, and they aren't even in boxes...
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musicreporter
All-Star Author
San Antonio
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Message Posted: Jan 10, 2013 3:11:29 PM
high tech always helps as long as it is under control
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OilerFan
Champion Author
Tulsa
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Message Posted: Jan 10, 2013 2:25:45 PM
I would only support the use of it in cases of collisions. Otherwise, not.
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14smoke
Champion Author
Birmingham
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Message Posted: Jan 10, 2013 2:08:44 PM
As long as it is used only in the case of an accident, OK. Otherwise, no, not a big fan at all.
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jimmy544
Champion Author
Boston
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Message Posted: Jan 10, 2013 12:46:14 PM
I believe that in the event of an serious accident the police can access the vehicles black box. There are some precedents in the law however, that the police must have a search warrant for the information. If they do not the data may not usable in court.
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Trowinsamoan
Champion Author
Los Angeles
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Message Posted: Jan 10, 2013 12:00:15 PM
Just drive more safely
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Somis1
Champion Author
Ventura
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Message Posted: Dec 9, 2012 9:06:47 AM
There should be laws about ownership of the device and it's contents, but are there? Who knows?
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GustheCat2
Champion Author
Virginia
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Message Posted: Dec 9, 2012 8:57:24 AM
Drive responsibly and if the info is needed, you have info to back you up.
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OceanArcher
Champion Author
Mississippi
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Message Posted: Dec 8, 2012 12:12:46 PM
Black box data is restricted data, unless you "freely" give it up --> such as the plug-in data devices currently touted by some insurance companies
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bluenvoy
Champion Author
Nashville
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Message Posted: Dec 8, 2012 9:23:46 AM
Another way that big brother can keep track of you.
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ZZZoop
Champion Author
Virginia
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Message Posted: Dec 8, 2012 8:46:50 AM
Not sure what the controversy is. Your breath and blood belong to you, but under implied consent laws you have to provide one or both.
While I don't know if state laws have been updated to allow police warrantless access to car computer data in the course of an accident or criminal investigation, I suspect obtaining a warrant in such an instance would be trivial.
Operating a motor vehicle on public roads under the terms of a state-issued driver license is a privilege and causes you to forfeit many rights.
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contiki
Champion Author
Ontario
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Message Posted: Dec 8, 2012 8:04:40 AM
that box belongs to the owner of the vehicle I would assume, and no one has the authority to bother it without the owners consent.
If there is a accident.....I think the black box belongs to the whoever is looking into the accident and how it happen..........
The black box or it's contents does not belong to the owner of the vehicle but to the investigaters of the accident.....
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