More on the EDR
With the EDR, there are several key points to keep in mind. Tampering with airbag sensors or attempting to remove the EDR can imperil safe operation of the airbags and related safety systems, nullify warranties, and abrogate NHTSA safety standards, and should be avoided at all costs. All the EDR matters should be handled by trained personnel.

At present there are no guarantees for airbag EDR data accuracy and completeness, and there are operational and structural issues that hamper the technology. For example, automotive black boxes aren’t as resilient as their aviation cousins—those can withstand concussion, freezing temperatures, infernos and submersion. Airbag EDRs experience glitches, spotty recording and other challenges, especially as automakers adjust the technology to suit regulators. As a result, the data retrieved from an EDR download is best used as an adjunct to a thorough accident investigation, and virtually never as stand-alone testimony as to facts. Certainly, the data may corroborate claimant statements, but then again, when the issues in question are gray rather than black and white, it is crucial that the evidence be as accurate and as indisputable as possible. The EDR is getting there, but it hasn’t arrived yet. Thus, the analysis and interpretation of the data is best left to skilled automotive accident investigators who are aware of the EDR’s limitations and are schooled in broader analytics.

The airbag EDR is only one example of a vehicular data-gathering module. Today’s automobiles, especially luxury cars, are networks on wheels—newer models average 17 microprocessors on board. However, current media attention and regulatory action are directed mainly to the EDR modules embedded in airbag safety systems.

Consumer vs. Carrier
Those who investigate vehicular accidents tend to shrug their shoulders about the fears of privacy invasion. To them, EDR data is akin to any other piece of objective evidence picked up at an accident scene. Law enforcement personnel usually check the brake lights, seatbelts, tire pressures, turn indicators and more of the affected vehicles at accident scenes. If they are trained and equipped with a CDR, and the vehicle has an accessible and undamaged system, then they’ll download the data, typically with the permission of the vehicle owner. In their world, EDR data is evidence to collect, nothing more.

Things get a little more complicated for consumers. There’s something uncomfortable about the chance of being unfairly condemned by a technology deemed infallible. Plus, consumers wonder why they don’t get a choice in the matter of the placement of EDRs in their cars. The EDR is not 100% accurate and data can be misinterpreted, but consumers typically don’t have the know-how to question its veracity. Thus, fear of a loss of control stimulates the issue of EDR privacy invasion and has typically been the impetus for state and regulatory action about EDR data ownership. Ultimately, the privacy issue boils down to questions of consent: Do you know if your car has an EDR and do you consent to a data download after an accident?