Access to vehicle collision data from Event Data Recorders isunder consideration in a number of states this year, and theNational Highway Traffic Safety Administration is seeking topromulgate regulation regarding such data, while working with theUnited Nations Transport Division to research and standardizeissues related to EDRs.

“Data from EDRs, commonly referred to as black boxes, can helpspeed up claim processing, prevent fraud, and hold down premiums,”said Rey Becker, vice president of the Property Casualty InsurersAssociation of America. “While insurers are sensitive to issues ofconsumer privacy and identity theft, EDRs only record crash-relateddata, such as how specific vehicle equipment or systems operatedright before a collision or triggering event. As such, access tothis data by insurers and law enforcement agencies would, in noway, jeopardize the privacy of protected financial and medicalinformation.”

In 2003, California became the first state to address the issueby requiring that new vehicle manufacturers disclose the presenceof EDRs to buyers, while restricting access to EDR data withoutconsent from vehicle owners or under other limited conditions. Manyproposed bills to restrict access to such data are patterned afterthe California law. This year, EDR legislation is being debated inAlaska, Arkansas, Montana, New Hampshire, New York, North Dakota,Tennessee, Texas, Virginia, and West Virginia. PCI supportsexemptions that would allow insurer access to EDR data for claimadjusting, fraud investigation, loss control, and research.