The last time you drove away from the dealership with a new car, you may have gotten more than you expected. New vehicles are increasingly being equipped with little “black boxes,” or event data recorders (EDRs), capable of monitoring, recording, displaying, or transmitting pre-crash, crash, and post-crash vehicle data.

Black boxes, which are typically stored under the dashboard or driver’s seat, have proven controversial, in part, because they are much more prevalent than most consumers thought. A recent article in the Kansas City Star uncovered that while 70% of new cars contain black boxes, only 10% of people know about them.

“Most people don’t realize these devices are in their vehicle, that the information recorded may be used against them, and there’s no sort of regulation about who owns that information,” says Raymon Holmberg, a politician from North Dakota who believes the black boxes violate privacy.

So when did the device start appearing in vehicles in the first place? According to Rusty Haight of the Collision Safety Institute, black boxes first appeared in vehicles back in the 1970s, along with airbags. Airbag sensors collect data to help fine-tune airbag efficiency, and over time, other sensors have been added to the device to enable researchers to understand how other systems are performing.

In 1998, the data from these black boxes helped General Motors, a proponent and supplier of EDRs, to figure out what was causing their airbags to deploy unnecessarily. This resulted in a recall of over 850,000 of their vehicles.

While the technology is still a work in progress, advocates stress that these devices may be helpful in a number of different arenas. Parents can use them to keep an eye on their teenagers’ driving habits; car rental facilities can monitor where a rental vehicle is taken, and in some cases stop the vehicle if they think it may pose a danger. A new model of EDR in Ford cars is able to send data to 911 dispatchers in the event of an accident. Dispatchers can even talk to drivers to determine their location and the number of people involved in the crash.

Other supporters of black box technology, such as the National Transportation Safety Board, find the crash data these devices provide extremely valuable for learning how to build safer cars and trucks. Crash data, which usually has a time duration of less than one minute, can include information on vehicle speed, acceleration, seat belt usage, steering, braking, as well as date and time data. This information can help reveal the causes of accidents and occupant injuries, making it possible to better address safety problems.

Opponents such as Holmberg, on the other hand, worry about what these devices mean for the privacy of drivers. The data from these black boxes has been used to determine guilt in a number of civil and criminal court cases nationwide. Additionally, some are concerned about the fact that certain companies are now allowing outsiders to access the crash data by buying it. Buyers most often include accident reconstructionists, law enforcement officials, and insurance agencies. There is a fear that insurers will use the data to set auto rates, penalizing drivers who appear to be “bad” based on black box data.

At the very least, many people who object to black boxes feel that drivers have the right to know that their actions are being recorded. The fact that these black boxes have been installed in cars for years, without so much as a heads-up to drivers, raises some serious concerns. Many believe drivers should also know what type of information these black boxes collect, and that vehicle owners should have the right to refuse providing black box results.

State lawmakers have taken notice of the debate. In September 2003, California Assembly Bill 2133 was signed into law, requiring manufacturers of new motor vehicles that contain “recording devices,” such as EDRs, to disclose the fact in the owner’s manual of all vehicles manufactured on or after July 1, 2004. Arkansas, Nevada, North Dakota, and Texas have enacted similar laws, and the states of New York, Massachusetts, New Jersey, and Pennsylvania are following suit as well. Many more states are now waiting to introduce EDR bills.

Regulation has also come form The National Highway Traffic Safety Administration (NHTSA), an agency that develops and implements educational, engineering, and enforcement programs to reduce traffic-related injuries. The agency issued a rule on June 14, 2004 specifying uniform, minimum requirements for data elements, data format, and retrieval process for voluntarily installed EDRs.

As more people become aware of black box technology and the debate, more laws and regulations are sure to pass. For many, it just comes down to control. “I don’t want the long arm of the law riding below my seat cushion,” says one Florida driver. “It’s my vehicle, and until I have assurances about the specific data being recorded by this device, as well as who owns the data and who can access it, then it’s just an invasion of my privacy as far as I’m concerned.”