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DAVID CANTON, For the London Free Press – October 16 2004

Big Brother could be watching your every move as you drive. Your driving habits — from how fast you are driving to whether you fastened your seatbelt — are all being recorded.

Most cars are equipped with tiny “black boxes” known as event data recorders (EDRs). These tiny computer chips perform a function similar to that of the black boxes used to record data in airplanes.

The original function of these devices was to improve safety by tracking the performance of air bags and other safety features. The fact that they record several seconds of data about such factors as the car’s speed, the engine’s power, brake application and seat-belt use, has led to other uses.

EDRs are finding their way into courtrooms as evidence that could be used against you. There have been cases in Canada and the U.S. in which such recorders have been used to convict and acquit.

In the recent Canadian decision of Regina vs. Gauthier (2003), Eric Gauthier’s own car became a witness for the prosecution. He had no idea it contained a device that recorded him travelling at 131 kilometres an hour in a 50 km/h zone before his accident. This information was submitted as evidence and sent him to prison as a result.

On the other end of the spectrum, in the U.S. case of Florida vs. Walker (2003), the EDR in his vehicle provided evidence that he was not in fact speeding at the time his accident occurred.

The information recorded on an EDR would be considered personal information and thus covered by the provisions of privacy legislation such as the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

That data can only be used with the individual’s permission. There are, however, exemptions for law enforcement that allow police access to the information without permission.

Progressive Insurance, an American company, recently introduced a pilot insurance discount program that offers drivers a discount of as much as 25 per cent depending on how fast, how much and when the car is driven. This information is gathered by a box that is plugged into a port in your car connected to the EDR, recording the information on a long-term basis.

The user takes it out, connects it to his computer and uploads the driving data to the insurance company. This information is then used to calculate the discount the driver receives.

It may sound attractive, but drivers need to ask who that personal information belongs to, once it has been recorded. What can it be used for, and who has access to it? And consider the next possible advance, a black box containing a GPS device that would tie your driving to your exact location, and thus provide other information, such as the speed limit there.

Insurance companies may promise customers the data will not be used in future to raise their premiums if it results in unfavourable findings. But given how insurance companies and government regulators deal with premium issues and insurability, it would take very explicit assurances about what the information could be used for, and how long it is retained, for many people to be comfortable.

And if law-enforcement officials wanted to see the information to issue tickets, the insurer would be hard pressed to deny access.

Many may think “I don’t have anything to hide,” but the spectre of any aspect of one’s life –including driving habits — being recorded for posterity is one that gives many people pause.