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MELISSA BLOCK, HOST:

This is ALL THINGS CONSIDERED from NPR News. I'm Melissa Block.

ROBERT SIEGEL, HOST:

And I'm Robert Siegel. If you're driving right now, keep your eyes on the road, but consider this. If you were to crash during this next story, you might not remember all the details of how it happened, but there's a good chance that your car would remember. Automotive black boxes, little data recorders, are now built into more than 90 percent of new cars. And as NPR's Martin Kaste reports, the government is considering making them mandatory.

MARTIN KASTE, BYLINE: Dave Wells is a detective with the sheriff's office in Seattle and he specializes in accident reconstruction. That means he's often crouched under steering wheels, looking for the place to plug in.

DAVID WELLS: Down here, on the lower - I guess by the right knee area of the lower dash is a black cover panel.

KASTE: Behind that panel is the connector that mechanics use to get diagnostic codes. But Wells is using a different kind of tool and it pulls out a very different kind of information. He reads a sampling off his laptop.

WELLS: In the first 10 milliseconds they're up to a half-mile-per-hour acceleration. Halfway through the event, really, they're at 4.4, give or take, and then at the end it's 6.3, right there at the end.

KASTE: This is crash data, moment-by-moment statistics saved from the car's most recent collision. There's speed, acceleration, braking, even information from inside the car.

WELLS: There are sensors under your seat, so if someone tried to say there was another person in the car at a crash who had run away, this shows at the time of that collision there was not.

KASTE: Information comes from something called an event data recorder. The EDR has become key to insurance investigations, lawsuits and even criminal cases. But that wasn't its original purpose.

WELLS: It was never designed for investigative purposes. It was designed for motor vehicle safety and keeping people less injured and alive.

KASTE: EDRs are part of a car's safety system, which has to make split-second decisions on whether to, say, pull the seatbelts tighter or inflate the airbags. And engineers like to see data from real-world crashes to track how the systems are working. So the EDR is there to save the crash data, and as safety systems grow more complex, the recorders keep saving more information.

REPRESENTATIVE MICHAEL CAPUANO: I don't think you'll find very many Americans who know these devices are in their cars.

KASTE: Congressman Michael Capuano of Massachusetts has been trying for eight years now to pass legislation giving drivers the right to opt out.

CAPUANO: I would argue that this is a device that the average person should be able to turn off if they so desire. Obviously, if that were an option, some insurance companies might want to take that into consideration in pricing insurance. I understand that. But nonetheless, I still think that the average person should have that choice.

KASTE: Event data recorders have been around for a while, but the issue is coming again now because NTHSA, the National Highway Traffic Safety Administration, has proposed making the devices mandatory on all new cars, starting next year. That's caught the attention of privacy experts like Nate Cardozo, staff attorney at the Electronic Frontier Foundation.

NATE CARDOZO: The amount of data that they record is vast. And it's not capped and I found that to be quite problematic.

KASTE: Cardozo sees the safety value of the crash data, but he says it's important to set limits, especially as cars' digital storage capacity grows. He also says the feds should clarify who gets the data. Some states restrict what insurance companies can do with EDR information and require police to get a warrant before plugging in. But in much of the country, it's still a gray area.

CARDOZO: They could do something like put a notification in the owner's manual saying that the driver has a reasonable expectation of privacy in that black box data.

KASTE: NHTSA won't discuss its plans because it's in the process of writing the proposed new rule making the recorders mandatory, but in the past, some officials there have suggested that the privacy of crash data is more an issue for Congress. In Seattle, Detective Wells says he doesn't think the saved crash data should scare people.

WELLS: More often than not, the data from this is going to help them in an accident. It's at least going to point out one thing, and that's the facts.

KASTE: Wells says privacy-conscious drivers should worry more about GPS and the built-in services that offer roadside assistance. The difference is, on new cars, those systems will still be an option. Martin Kaste, NPR News.

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