Jackie Speier is the U.S. representative for California’s 14th Congressional
District (
www.speier.house.gov).
MARCH
DEBATE RESULTS:
Can a fallen leader still
promote a good cause?
AS THE AUTHOR of the
toughest financial privacy law
in the country, I look askance
at proposals that expand use
of personal data. But when
data can save lives without
compromising privacy—and
that is the case with a vehicle event data recorder
(EDR, or “black box”)—then I am in full support of
its expansion.
The EDR records data from the five seconds
before and during a vehicle crash. It reveals, in part,
vehicle speed at impact, when brakes were applied,
use of seat belts, the force of the crash and when the
airbags were deployed after impact. This information, when combined with data from other accidents,
helps manufacturers assess if a vehicle model is performing as engineered to protect occupants during a
collision. For example, in a rear-end crash, shock
waves run along a car’s side rails, where sensors trigger the release of airbags. A delay of a second could
be the difference between life and death. In brief, the
EDR reveals if the air bags functioned properly.
I carried legislation in Congress to speed EDR
application to all cars and light trucks. But I’ve put
that bill on hold now that the administration has
stepped forward and given us a blueprint for greater
vehicle safety. The National Highway Traffic Safety
Administration (NHTSA) is close to issuing a final
rule that would require that EDRs be installed in all
new cars and light trucks, effective September 1,
2014. As it is, EDRs have been in use for about 20
years. In August 2006, NHTSA issued a rule to stan-
dardize the information collected by EDRs. This
year about 96 percent of new vehicles for sale are
equipped with EDRs.
49 YES
51 NO
Percentage reflects votes
received by March 18, 2013.
FEBRUARY DEBATE
RESULTS:
Is cash on its
way out?
YES: 32% NO: 68%
Percentage reflects
votes received by
February 28, 2013.
from an expert in the field:
Marc Rotenberg is executive director of the Electronic Privacy Information
Center (
www.epic.org).
THE PROPOSAL BY the
federal government to make
event data recorders (EDRs)
mandatory in all cars and
light trucks appears to be for
safety research, but once the
data is gathered it is likely to
be used for other reasons. Police and insurers,
among others, are interested in how people drive
and could make determinations about liability and
rates based on the data gathered by EDRs.
Many states have adopted new laws to protect
the privacy of this data. In California, data may be
downloaded only with the owner’s consent, with a
court order, for safety research or for auto diagnostics. Arkansas, North Dakota and Oregon say
that owners cannot be required to disclose the
data as a condition of an insurance payment or
settlement. Virginia says insurers cannot adjust
rates based solely on an owner’s refusal to share
data. And more than a dozen states require written
notice to owners of the use of event data recorders
(aka “sensing diagnostic modules”).
These are all sensible safeguards that help
ensure that EDR data is used only for limited pur-
poses. But the National Highway Traffic Safety
Administration (NHTSA) should do more. With
the federal agency now requiring manufacturers
to install the devices, this is the right time to also
establish a baseline privacy standard for all motor
vehicles. NHTSA should make clear that vehicle
data should not be disclosed without the owner’s
consent. And owners should not be forced to give
consent as a condition of obtaining insurance.
Opinions expressed are those of
the individuals or organizations
represented and are presented
to foster discussion. Costco and
The Costco Connection take no
position on any Debate topic.