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ARTICLE · 10 MARCH 2016

Driver Privacy Act Of 2015 Addresses Privacy Concerns For Data Collected On Event Data Recorders

Wilson Elser Moskowitz Edelman & Dicker LLP
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An event data recorder (EDR), as defined in 49 CFR section 563.5, generally means a device or function in a vehicle that records the vehicle's dynamic time-series data during the time period just prior to or during a crash event.

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An event data recorder (EDR), as defined in 49 CFR section 563.5, generally means a device or function in a vehicle that records the vehicle's dynamic time-series data during the time period just prior to or during a crash event. Such data is intended for retrieval after the event, but does not include audio and video data. The EDR records continuously as a vehicle travels; however, data is only stored if a major event occurs, such as a crash or air bag deployment.

The data in these recorders can include whether a driver's seatbelt was buckled, how far the accelerator was depressed, the seat position of a driver, whether the brakes were applied before a collision and the vehicle's speed. This information can be used for crash reconstruction and by the National Highway Traffic Safety Administration (NHTSA) to conduct investigations into potential vehicle defects. Although it has not required the installation of EDRs on new vehicles, the NHTSA estimates that

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