As they transmit and store increasingly more electronic information, cars today give new meaning to the term “mobile device.” Like computers and mobile phones, the information our vehicles contain, from performance data to location, is also being sought more and more in legal proceedings. Not surprisingly, the law lags behind the ever-changing technological landscape. Until Congress and/or the courts create a framework for handling in-car data, the use of such information in legal proceedings raises important questions. What opportunities does this new wealth of information create for litigators? And how do we protect drivers’ privacy?
Vehicle telematics systems, such as Ford’s Sync and General Motors’ OnStar, have many functions, including GPS tracking, risk assessment (monitoring of speed, braking, seatbelt usage, etc. by insurance companies), advanced safety features, and interfacing with any number of entertainment apps. This data is related to but distinct from the type of information found in a vehicle’s “black box.” Black boxes record a variety of vehicle performance information, from speed to steering angle to brake usage, and have often been used in accident investigations and litigation. The National Highway Traffic Safety Administration has mandated that, as of Sept. 1, 2014, all new vehicles contain a black box (as a practical matter, most cars have contained some form of a black box for several years). With advances in technology, auto manufacturers are designing increasingly powerful black boxes that contain ever more data points. Our vehicles have become rolling “Wi-Fi hotspots” of opportunity for litigators.
