Implications for the Access and Use of Data for Transport Canada Collision Investigation, Reconstruction, Road Safety Research and Regulation - March 31, 2005

Prepared for:
Transport Canada, Road Safety and Motor Vehicle Regulation Directorate

Abstract
This project report begins by reviewing the evolution of event data recorders (EDR's) in roadway vehicles, concentrating on the increasing incidence and sophistication of these recorders in light duty vehicles. The present and future benefits are outlined with attention to accuracy and reliability of the data generated. This review of EDR development highlights the present limitations and future potential of EDR's as they become integrated with other electronic recording systems.

Jurisprudence is evolving in response to these described developments. Rule making by appropriate agencies is progressing in Canada, the United States (U.S.) and other jurisdictions. The central consideration at present is the tension between the many public benefits of EDR technology and the need to adequately address an appropriate protection of personal privacy. This study explores the nature of "Rights" as they are expressed in the Canadian Charter of Rights and Freedoms and the U.S. Constitution.

The highest courts of justice in both countries have recognized a right to privacy of the person, even though the word "privacy" appears nowhere in the Charter and Constitution. The courts have inferred from a stated protection of the individual against unreasonable search and seizure an "expectation of privacy" in relation to the subject of a search and seizure. The courts are addressing specific individual rights in a rapidly increasing number of cases in relation to EDR data availability.

The question of ownership of the EDR unit and generated data appears from the cases to abide with the vehicle owner. The rapidly evolving jurisprudence in both criminal and civil jurisdictions appears to significantly limit the owner to a reasonable expectation of privacy in allowing access to this data by many interested parties.

In both Canada and USA, road safety government agencies appear to be very firmly supported in having access to EDR generated data to fulfill their role in improving vehicle and road safety. The long-established record by these government agencies in collecting crash and injury data and protecting the individuals involved from unwarranted intrusion into their personal privacy appears to have resulted in strong public support for data access to promote safety.

The full technical report, A Review of Jurisprudence Regarding Event Data Recorders: Implications for the Access and Use of Data for Transport Canada Collision Investigation, Reconstruction, Road Safety Research and Regulation, is available in PDF (portable document format)  (1246 KB).  To view PDF documents you must use Adobe® Acrobat Reader. Visit the Adobe site to download the latest, free version.

If you need an alternative format or for more information, please contact us by e-mail at RoadSafetyWebMail@tc.gc.ca or call toll free 1-800-333-0371 (Ottawa area (613) 998-8616).

Please note that this technical report was prepared under contract and is being made available in the language in which it was submitted.

Veuillez noter que ce rapport technique a été préparé sous contrat et le rapport est présenté ici dans la langue dans laquelle il nous a été transmis.