Whose Data is it, Anyway?

April 1, 2005
There's a wealth of information hidden in the "black boxes" behind your vehicles' dashboards, but is it yours?

Myths and mystery surround Event Data Recorders, a.k.a. "black boxes" or EDRs, probably because the term, which has trickled down from aviation, has been used to describe a critical item used in crash investigations. The EDR's function is confused with that of an all-knowing, all-seeing machine that will immediately point out the cause of the accident and who was at fault. As a result of this misinformation, it is important for fleet maintenance managers to understand what an EDR is and does, as well as know their company policies and procedures for handling the captured data.

General Motors has an EDR Frequently Asked Questions section on their website (www.gm.com/company/gmability/safety/protect_occupants/event_data_recorders/index.html) which says that, "A vehicle EDR records limited crash data and is used to understand vehicle system operations. A vehicle EDR does not record voices."

Kathy Konicki, director of associate safety for Nationwide Insurance in Columbus, OH explains that there are two types of "black boxes": the OEM box, which comes with the vehicle right off the assembly line; and the aftermarket box, which is purchased from a vendor and then installed on the vehicle. She also offers a third option'the black box with GPS (Global Positioning System).

Konicki currently serves as the chair of the National Board of Directors of the Network of Employers for Traffic Safety (NETS), a group that aims to help employers develop and implement workplace traffic safety programs.

She adds, "They (EDRs) were originally installed as an integral part of the air bag function. The box was put in to monitor air bag performance, and in doing so, also monitored other points regarding the vehicle condition. However, OEM models don't even record until the incident is severe enough. It will record some data in a near-deployment'from zero to five seconds prior to deployment."

Tongue-in-cheek, Konicki dispels another myth, "Black boxes are not black, they're actually silver."

DATA GATHERING TOOLS

Though EDRs are only one tool that can capture information from the vehicle, they are the most high profile and hotly contested technology going.

"At one time, the motor vehicle was 100 percent mechanical. Now, 30 percent is electrical," says Thomas M. Kowalick, chair of the Institute of Electrical and Electronics Engineers' (IEEE) 1616 Working Group and author of Fatal Exit: The Automotive Black Box Debate (Wiley-IEEE Press; October 2004).

"The ECM (electronic control module), OBD (on-board diagnostics), and ABS (anti-lock braking system) are all tools for gathering data. The future will hold more information because vehicles will be more electrical."

Kowalick is right, as many other systems on the vehicle now utilize electronic technology. His IEEE 1616 Working Group is currently working on a standard for brake and transmission input to motor vehicle event recorders.

Currently, these systems are being voluntarily installed, but the issue of data recording can create paranoia and suspicion.

"Privacy and 'Big Brother' are important parts of this, but I believe the fear that people have is not warranted," says Kowalick, "but, who knows how further technology will advance and expand capabilities?"

Kowalick explains that one of the myths is that everything is being recorded all of the time.

"The three scenarios involved in the data gathering are pre-crash, crash, and post-crash. If you just clap your hands," he says, "that's about the amount of time being recorded."

Konicki adds, "In general, the public perceives that more is being monitored than what is actually being recorded. Employees are worried that their employer will know where they went to lunch or where they were driving."

HALO EFFECT

Because of this, a phenomenon known as the "halo effect" takes place when a driver learns that an EDR is installed on the vehicle.

"When you put a box in a car, certain drivers will change their driving behavior," Konicki says, "and therefore will prevent a certain number of crashes because they are being more careful. If you are trying to justify boxes based on return on investment (ROI), you have to take into account this decrease in crashes."

She adds, "Entirely from a fleet perspective, I think that depending upon the specifics of the fleet, there's very likely a rapid ROI."

The halo effect could have a silver lining in the dark cloud caused by the driver shortage. Accident-prone, careless or inexperienced drivers may sit up and take notice if they are aware of the EDR device, thereby possibly decreasing the number of incidents and accidents.

Given the halo effect and other potential safety advantages of EDR technology, do insurance companies offer incentives such as lower premiums to customers for installing these units?

"We're not there yet, but we're looking at it very seriously," replies Konicki. "That's why we outfitted our fleet to gather that data. Regardless, if you buy for 10 vehicles or 6,000 there is a relatively quick ROI."

Nationwide Insurance has installed the aftermarket-type EDR without GPS in their fleet vehicles to do their own research as to how EDRs affect safety and how much they can determine the physical and financial impacts of motor vehicle crashes.

"As an insurance company, we are interested in things that haven't been studied extensively in real-life situations," Konicki says, "namely, the relationship between crash forces and bodily injury and vehicle physical damage."

WHOSE DATA IS IT?

Insurance companies, police, and lawyers are very interested if the vehicle has an EDR. If so, whose data is it?

"The National Highway Traffic Safety Administration (NHTSA) says the owner of the vehicle owns the data," says Kowalick, "but it depends on who you ask."

"Truly on OEM data, it's not clear cut," says Konicki, but offers that case law is building and will likely determine ownership. Current prevailing thought is that the vehicle owner owns the data." She adds that because Nationwide owns the cars outfitted with EDRs, they own the data and that there are no privacy issues from a fleet standpoint.

While EDR data is supposed to be the property of the registered owner, in certain circumstances law enforcement agencies, the courts, and even medical researchers may have a claim on the data.

"People I've talked to over the years do want this technology in their vehicles," says Kowalick, "but scientific objective data is collected in milliseconds and this might actually increase litigation."

In December, 2003, the Society of Automotive Engineers (SAE) issued Surface Vehicle Recommended Practice J1698, which established a standard format for displaying and presenting crash-related data recorded or stored by electronic components that are already installed in many light-duty vehicles. The format applies specifically to the post-event format of downloaded data and does not direct how data should be collected or which vehicle systems should be monitored.

Kowalick advocates a standard output be determined and says that the trend for data retrieval is to use wireless technology. This technology would offer safety for crash investigators and technicians who would otherwise have to physically connect to a box that could be trapped within gnarled or scorched metal.

Data extraction tools are commercially available through companies such as California-based Vetronix Corporation that has developed tools specific to GM and Ford vehicles.

THINKING OUTSIDE THE BOX

Pending regulation may dictate how many more features will be added to future EDRs and who controls the data. Konicki offers that fleet maintenance managers should understand a bit about the OEM boxes as they will be faced with having to pull these units if case law continues to build. Managers should periodically review company policies regarding data recording, retrieval, and storage so as not to be caught off guard when a fleet vehicle is involved in a crash event.

"They should understand that they will be faced with that data being subpoenaed and subject to discovery," Konicki says, "and they need to understand what that could mean to the company. OEM data can be a two-edged sword'it can either help you or hurt you." She continues, "Fleet managers need to think about what advantages the aftermarket EDRs bring from a crash loss profile. What do your losses look like in terms of the entire fleet? If your loss profile is not a good as you'd like it to be maybe this is a tool to help you improve. Again, it's just one tool among many that can be used."

EDR ON THE DOCKET

An overview of vehicle data laws

While there are no set requirements presently for electronic data recorders (EDRs), the federal House of Representatives has Bill 5305 on the docket that is designed in part to define the technology as well as ownership of data.

Thomas M. Kowalick, chair of the Institute of Electrical and Electronics Engineers (IEEE)1616 Working Group, helped to write legislation that California had signed into law as Senate Bill AB 213 in September 2003, which defines as well as restricts the use of data from recording devices installed in motor vehicles manufactured on or after July 1, 2004.

North Dakota, Arkansas, Pennsylvania, Maryland, Massachusetts, New Jersey, Tennessee, Virginia and Texas have debated similar bills recently. New York, New Hampshire, and Alaska are currently working to pass EDR bills.

A main requirement in the federal bill and other EDR bills pertains to disclosure. Auto manufacturers must disclose in the owner's manual that this device is installed. Dealerships are to inform purchasers in the purchase agreement that an EDR is on the vehicle. Lease and rental agencies must declare to the lessee/rental customer that an EDR is present on the vehicle. These entities also must describe the purposes of the EDR as well as offer the customer the option to enable or disable the unit.

In June 2004, the National Highway Traffic Safety Administration (NHTSA), published a Notice of Proposed Rulemaking (NPRM) for EDRs in the Federal Register, which includes proposals to require that EDRs voluntarily be installed in light vehicles to record a minimum set of specified data elements useful for crash investigations and analysis of the performance of safety equipment. The NPRM also calls for specification of requirements for data format and to require vehicle manufacturers to make publicly available information that would enable crash investigators to retrieve data from the EDR.

In September, 2004, the IEEE approved the world's first automotive EDR standard, known as IEEE1616, that defines a protocol for EDR output data compatibility and export protocols of EDR data elements.

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