EDR data for crashed car: Who can read it and when?

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MSI
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EDR data for crashed car: Who can read it and when?

Post by MSI »

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In response to a post to LinkedIn where one of the responses questioned about needing driver AND vehicle owner consent to read the EDR of a vehicle in a crash, I decided to start a thread on EDR data etc and so if you have any information, let us know and/or post on up.
The following was my response on EDR data:
  • I believe there is litigation/legislation in many jurisdictions about who 'owns' the rights to the EDR data.
    I doubt whether the owner vs driver of the vehicle means anything:
    • Just like laws in many jurisdictions that the vehicle is responsible for the speeding and/or running stop sign violation when caught on camera (until and unless the owner owns up to who was driving).
      It is NOT a right to drive a car,
      it is a privilege
    I think red light violation cameras and speeding violation cameras are EXCELLENT deterrents to violations and so should be used universally!
    • AND
      Any vehicle in a crash the police can examine the exterior and interior for damage and evidence
      so I BELIEVE
      The police/investigators should also be able to download the EDR data.
    THAT will make for safer roads!
    The EDR data is another good piece of the puzzle of 'what happened' and is good evidence to help determine fault, violations, etc, etc
    If drivers of vehicles don't like EDR data being used against them,
    DON'T DRIVE!!
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Re: EDR data for crashed car: Who can read it and when?

Post by MSI »

A response posted To the Linkedin Topic:
  • actually I’ve proven that my point is correct in many case in court also
    The vehicles ECU is designated a terminal unit which stores data obtain whilst the vehicle is being driven by an individual therefore the information stored is relevant only to the person driving whist recorded hence private personal data
Our Response:
  • you are speaking of a specific country and jurisdiction.
    And currently in certain countries, jurisdictions, etc there is litigation about that.
    So sure, you won apparently to protect someone who didn't like their EDR data being used against them?
    But what if the EDR data helps the individual?
    • You'd fight to get it admitted as evidence, eh?
    Where do you draw the line on access to EDR data?

    How about the seat belt?
    • Isn't that ALSO a device "which [protects] whilst the vehicle is being driven by an individual"
      Can police examine the seatbelt for proof of use/no use?
    Then again the WHOLE CAR is also only relevant to the individual for driving
    You may have won in certain courts with certain judges however
    the times they are a changing!
    and soon i expect the EDR will be just like the rest of the vehicle and can be examined when in a crash etc.
    we shall see!
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Re: EDR data for crashed car: Who can read it and when?

Post by MSI »

Another Response:
  • actually it’s the regulations in 27 other countries that I know of.
Our Response:
  • 27 out of 193? Ok
    However laws change and i expect more legislation to change those laws and EDR data to be used by BOTH the driver/owner and the police/investigators
    MAIN question is:
    • IF the EDR is exculpatory, it is admissible?
      Is it ONLY if BAD data that you want it out?
      AND who determines that?
    IF the driver/owner controls it, who controls possible manipulation of the data?
    • i can see the software folks creating products to mess with and change EDRs?
    The laws will come around and i hope and expect it that it will simply become another part of the vehicle which can and will be examined/controlled by law enforcement (since the rest of the car is for investigative purposes!)
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Re: EDR data for crashed car: Who can read it and when?

Post by MSI »

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Re: EDR data for crashed car: Who can read it and when?

Post by MSI »

A response posted to the LinkedIn thread on what permission required for EDR data retrieval:
  • Article 6 (d) (e) and (f) of the GDPR appears to permit the processing of crash data without the owner or drivers consent. It would certainly be fair and proportional to protect the interests of the injured party and/or a potential Defendant in any subsequent proceedings. If anyone can direct me to a reported decision where a Court has excluded crash data which was copied without the drivers written consent, could you please forward me the citation.
[Additional Info]
  • I've looked up GDPR Article 6 and here's (d) (e) & (f) posted for convenience:
    • (d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
    • (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    • (6) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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