AUTOMOBILE BLACK BOX DATA RESTRICTION

New Jersey lawmakers are contemplating enacting legislation that would limit the access to the information from event data recorders installed in automobiles that track speed, location, time of use and the number of people inside an automobile. Privacy concerns are at the forefront of this discussion. The proposed legislation would make the information on the automobile’s event data recorder (“Black Box”) the property of the vehicle’s owner and would restrict how that information may be obtained from third parties, such as law enforcement, insurance carriers and adversaries in civil matters.

At this point in time there are no rules or regulations stating who has ownership or access to the information stored in an automobile’s Black Box.

Under the proposed legislation, law enforcement would only be allowed to access the information after obtaining a warrant, and an adverse party in a civil matter would have to produce a discovery order. In addition, the legislation seeks to prohibit an automobile owner from destroying the information obtained from the event data recorder for two years following an accident that has caused injury or death

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