Beware! Your Vehicle Can Be a Silent Witness

Imagine a seemingly routine commute turning into a chaotic scene. Ifereke, a young professional, is running a few minutes late for work. Glancing down at her phone for directions, she fails to notice the car braking sharply ahead. The crash is sudden and violent. Ifereke emerges unharmed, shaken but relieved. The driver behind her, however, is not so fortunate.

At the accident scene, the blame seems clear-cut. The driver that Ifereke rear-ended claims she slammed on the brakes to avoid a pothole. Ifereke insists she was not speeding or distracted. Witness accounts are conflicting. To reconstruct the events definitively, investigators turn to a wealth of hidden evidence: the data stored within Ifereke's car.

This article explores the role of in-vehicle data, specifically Event Data Recorders (EDRs) and infotainment systems, in modern forensic investigations. We will delve into the type of data captured, its potential uses in untangling the truth behind accidents like Ifereke's, and the legal considerations surrounding data access.

First, Edmond Locard.

French criminologist Edmond Locard's enduring principle, "Every contact leaves a trace," has become a cornerstone of forensic investigation. It guides investigators in meticulously searching for these traces to reconstruct events and piece together a narrative of what transpired. However, these traces are often fragmented and require specialised knowledge, experience, and tools to uncover their significance.

This very principle extends to the realm of automobiles. A driver's interactions with their car leave behind a trail of evidence, often hidden within the sophisticated systems concealed behind the dashboard.

Event Data Recorders (EDRs): The Silent Witness

EDRs, often referred to as "black boxes," are electronic devices that capture vehicle data for a short duration (typically around 5 seconds) before, during, and after a collision. This data can include:

• Vehicle speed and changes in speed

• Engine performance

• Seatbelt use

• Airbag deployment

• Brake application.

EDRs provide crucial objective evidence for accident reconstruction, helping investigators determine factors such as speed, braking manoeuvres, and seatbelt usage. It is important to note that EDRs typically do not record audio or video from inside the car, and data retrieval requires specialised equipment.

Though EDRs are optional in Australia as of date, there have been discussions about them, but no legislation has been enacted. The situation in EU countries is different, where, starting from July 2024, all new cars registered in the EU must be equipped with an Event Data Recorder (EDR) as standard equipment.

Globally, EDRs are becoming increasingly common in new vehicles. In Australia, if you use any of the vehicles in the non-exhaustive list below, there is a high likelihood that it contains an EDR:

1. Holden (from 2007 onwards)

2. Toyota (as early as 2002)

3. Lexus (from 2000)

4. Ford (select models from 2015 onwards)

5. Chrysler (from 2006)

6. Jeep (from 2006)

7. Mitsubishi (from 2011)

8. Subaru (from 2012)

Infotainment Systems: A Double-Edged Sword

Modern car infotainment systems offer a range of features, including navigation, music streaming, and hands-free calling. However, these systems also collect and store data about driving habits, including:

• Vehicle location

• Speed

• Phone connectivity.

• Climate control settings

• Diagnostic trouble codes

This data can be highly valuable in accident investigations, providing insights into driver behaviours and potential distractions. For instance, location data can reveal the origin and destination of a trip. Imagine how perspectives will change if the data reveals that Ifereke had visited a pub the night before or just before the accident. Could Ifereke be drunk? Phone connectivity might indicate if a call was being made at the time of the accident.

In Ifereke's case, the EDR data can reveal her speed at the moment leading up to the crash. If it corroborates the other driver's claim about sudden braking, it could support the idea of a pothole and weaken Ifereke's defence of not speeding. Additionally, the infotainment system might hold evidence:

• Navigation history: Did Ifereke program a destination into the navigation system shortly before the accident, indicating she was looking at the screen rather than the road?

• Phone connectivity: Was Ifereke's phone connected to the system via Bluetooth? If so, this suggests the possibility of a phone call or text message being sent or received at the time of the impact.

• Temperature Setting: How does Ifereke explain her claim that she was freezing while the car’s temperature setting was shown as 20°C?

The Legal Landscape: Balancing Transparency and Privacy

The legal framework surrounding access to in-vehicle data is still evolving. Law enforcement agencies typically require a warrant to access data if they suspect criminal activity. However, data that is readily viewable on the infotainment screen during a traffic stop might be accessible without a warrant.

For insurers, the picture could be clearer. While there are currently no specific regulations granting direct access to infotainment data in Australia, the situation may change soon.

Between 29 March 2022 and 02 August 2022, the European Union (EU) conducted a public consultation to get inputs regarding the conditions for accessing and using in-vehicle generated data so that Insurers and other service providers may have access to car data for the provision of clear and competition-friendly services. It is yet to be seen how the commission aims at resolving the conflict between this access to vehicle data, functions and resources initiative and the already adopted General Data Protection Regulation (GDPR) that has clear provisions empowering EU citizens control over their data in addition to increasing transparency in data processing practices while mandating the security and protection of personal data.

In Australia, the Australian Privacy Principles (APPs) govern how data is collected and used. Insurers need to comply with these principles, and requesting infotainment data might raise privacy concerns. Insurers traditionally focus on driving behaviour directly linked to accidents. While the infotainment data may not be directly relevant, if an insurer can clearly demonstrate a connection to risk assessment, there is a likely chance of being granted legal access.

While the law around car data privacy is evolving, it is wise to be cautious. Overall, while insurers cannot currently request infotainment data freely in Australia, the situation might change in the future. It's always best to be informed and understand your rights regarding your car data.

It's important to remember that data collection practices can vary depending on the car manufacturer and model. Here are some additional things to consider:

• Phone connectivity: When you connect your phone to the system, it might access your phone's contact list or music library. However, what data is specifically accessed depends on your phone's settings and the infotainment system's capabilities.

• Data privacy: Car manufacturers usually have privacy policies outlining the data they collect and how it's used. It's a good idea to consult your car's manual or manufacturer's website to understand their specific practices.

• Data storage: The infotainment system might store data locally on the car itself or upload it to the cloud.

• Data control: Some systems may allow you to opt out of certain data collection practices.

However, there are some possibilities to consider:

• Future Regulations: As technology advances, regulations regarding car data access might evolve. Insurers could potentially seek access with justifications and proper procedures.

• Consent-based Access: Some insurers might offer programs where users can opt-in to share infotainment data in exchange for benefits like personalised discounts (if the data allows them to assess the driver as lower risk)

What you can do?

If you're concerned about what data your car's infotainment system is recording, it's best to check your car's manual or contact the manufacturer directly. These are other things you can do:

• Check your insurance policy: See if there are any clauses regarding data collection or telematics programs.

• Contact your insurer: Ask them directly about their policy on infotainment data access.

• Stay informed: Keep an eye on developments in car data privacy regulations.

A Forensic Look at In-Vehicle Data

by Alexis Shaw

Alexis Shaw is with Moringa Cyber, Australia bureau and contributed this piece for the Cyber Capability, Education & Training unit.