The devices, installed by automakers in 65 percent of new cars, are already in 30 million cars, recording such information as seatbelt use and a vehicle's speed in a loop that is constantly erased. Five to 10 seconds of that information, however, is permanently stored for law enforcement and safety officials and insurance companies if an accident occurs.
Some legislators want vehicle owners to have complete discretion over black-box information, even after an accident occurs. "If it's a device that you bought and paid for, that data should be yours," says Raymon Holmberg, a North Dakota state senator who worked to pass a black-box privacy bill in his state. Bills have passed in Arkansas and California as well.
Backers of black-box privacy are also concerned about the future. As technology improves, more complex and more personal information will be recorded on the boxes. Within a few years, for instance, an owner's driving record could be stored inside a black box.
Critics of the legislation want black-box data made available to improve traffic safety and automobile design and want to use it as evidence in criminal cases and lawsuits. Some insurance companies offer rate reductions to customers whose driving habits are monitored by advanced black boxes--leading to concerns that companies will structure rates to penalize unmonitored customers. California and New York have already passed laws prohibiting insurance companies from using black boxes in that way.