Disclosing it, where? Hidden in the back of the manual? I'd disagree with your assessment and would argue that without informed consent the driver does not know his actions are being recorded, unless he reads the fine print in the back of his manual, and fully understands what the legal ease is telling the reader.

I'm aware that the "black boxes" in question do not record sound, YET, at least not that we're aware. Of course, it took some clever journalists asking some tough questions before GM admitted it had installed such devices in their cars in the first place. One must admit automobile companies are not known for their integrity. The Toyota debacle and this very thread is a result of that claim.

Most drivers are not aware that their vehicles have such devices, and as of now, apparently most vehicles do not, but many do.

Disclosure is fine and appropriate, but the manner by which an issue is disclosed is not always legally adequate to meet a given test, and is also very material as to whether or not disclosure was ever issued. Hence, if these companies were smart they'd have owners initial a section, in the sales contract, and explain to them that the boxes are there.

For the moment, the companies claim they use the boxes for their own research only. However, we all know they're there to limit liability. What's curious, as I've stated above, is that they (GM) have attempted to have information obtained from such devices submitted as evidence, with extremely mixed results.

Anyway, this is a completely academic debate, but one that will become more material as the years go by. The fiasco with Toyota, if they survive, the onslaught of lawsuit and punitive damages that are going to set historical records, if I had to guess, are going to be all the incentive automobile companies need in order to install such devices in their vehicles moving forward.

Rightfully so, a company that is being sued for a wrongful death, should know whether or not the driver committed suicide, for example, or whether the accelerator stuck wide-open. The point is, that if "black boxes" are installed, owners should be properly informed, and consent should be given. Consent, of course can be given by purchasing the vehicle.

But, where it can be argued that improper disclosure was given, is in the fact that one rarely has an opportunity to read an owner's manual prior to purchasing a vehicle. It is only after they take delivery, does such a disclosure become apparent. Point, being, there are many ways in which these black boxes will not pass evidence submission tests, in most states, due to lack of "proper" disclosure and/or "informed consent." Again, it's a debate for another thread.