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→Use as evidence in courts: In Canada, usage of such data in court might be considered as an error, |
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The U.S. federal Driver Privacy Act of 2015 was enacted on December 4, 2015. It stated that the owner or lessee of a motor vehicle is the owner of the data collected by the EDR. In order to access that data, an investigator would need to (1) be authorized by a court or judicial or administrative authority, subject to the standards for admission into evidence; (2) obtain the written, electronic or recorded audio consent of the vehicle owner or lessee; (3) be conducting an investigation or inspection authorized by federal law; (4) demonstrate it is necessary to facilitate medical care in response to a car accident; or (5) be conducting traffic safety research, so long as the personal information of the owner/lessee is not disclosed.<ref>{{cite web|title=Driver Privacy Act of 2015 Addresses Privacy Concerns for Data Collected on Event Data Recorder|url=https://www.natlawreview.com/article/driver-privacy-act-2015-addresses-privacy-concerns-data-collected-event-data|access-date=7 May 2018}}</ref>
In Canada, it is considered that there is no expectation of privacy since the information contained in the EDR did not contain “intimate details of the driver’s biological core … that could be said to directly compromise his dignity, integrity, and autonomy.”.<ref>https://www.canadianlawyermag.com/practice-areas/litigation/no-privacy-breach-in-warrantless-seizure-of-data-recorder-after-car-crash-sask-court-of-appeal/368692</ref>
==Use as evidence in courts==
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Although EDR evidence can be valuable in the litigation of traffic-related accidents and incidents, the primary purpose of an EDR is to improve driver safety and not to provide data for accident reconstruction, and courts should consider the limitations of EDR data in determining the cause of traffic accidents.<ref>{{cite web|title=Use of Automobile Black Box Data in Court|url=https://www.expertlaw.com/library/accidents/auto_black_boxes2.html|website=ExpertLaw|access-date=19 June 2017}}</ref>
In Canada, usage of such data in court might be considered as an error, without proper evidentiary foundation establishing its reliability, as for with the crash data retrieval software (CDR) that interpreted the EDR.<ref>https://www.canadianlawyermag.com/practice-areas/litigation/no-privacy-breach-in-warrantless-seizure-of-data-recorder-after-car-crash-sask-court-of-appeal/368692</ref>
==Notable incidents==
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