I agree completely, but the end result of the situation is that things are inherently legal until proven illegal, but more importantly each step of the entire process has to be established legally:
1. Is it legal for the recorders to be installed, configured, and enabled in vehicles?
2. Is it legal for insurance companies to require these devices to be installed, configured, and enabled?
3. Is it legal for insurance companies to retrieve this information? To share this information? And under what circumstances can they do so?
4. Is it legal for the government to require these devices to be installed, configured, and enabled?
5. Under what circumstances may the government retrieve this information? How can they share it?
6. Can the information be used in both civil and criminal penalties?
Each of these are extremely valid points that no doubt as time goes on will be asked and resolved in court, but that doesn't necessarily mean the entire process has to stop until they're answered, at least not without some sort of major challenge.