If your car was made in 1999 or later chances are it could be spying on you by means of an Event Data Recorder (EDR). This is not as sophisticated as the black box on commercial aircraft. However, it can supply information about your driving habits.
The auto black box (actually it is silver) is part of the airbag deployment system. The auto industry defends this invasion or our privacy by saying this information is needed to determine if the airbag deployed properly and also to monitor acceleration and braking to improve safety and fuel economy. Whatever reason the auto industry gives, it is still an invasion of privacy.
If you own a newer car, truck or SUV, your vehicle is equipped with the EDR, event data recorder. The EDR in your car is probably located under the driver's seat, and will take a snapshot of your driving habits and patterns just prior to a collision. It is this snapshot that could ultimately become your worst enemy if you are involved in an accident.
“The instant your vehicle's computer recognizes that the air bag has deployed, the data recorder permanently locks in information about what was occurring just prior to the collision. The information can include your vehicle speed, whether you used the brakes, the engine RPM's, the gear that the transmission was in, the rate of deceleration and whether you or your passengers were wearing seat belts.”
“General Motors Corp., Ford Motor Co., Honda and Toyota freely admit to installing these recorders, but other automakers have been less forthcoming about technology they are installing to capture driving habits and conditions.”
Defense lawyer and columnist Jordan Charness questions whether courts should be allowed to use black box information, especially when most people don't know the devices are there. "You're taking something that wasn't designed to do this job and you're using it for a completely different application," said Charness.
"The prospect that we're all under constant scrutiny has social effects and legal effects that we haven't even contemplated," said Stephen Keating of the Privacy Foundation at the University of Denver. More information here and here.