Here is some interesting info about EDRs
https://iptm.unf.edu/uploadedFiles/summit/handouts/Ruth%20R_2_EDR%20Update%202018.pdf
Looks like from 2013 and on all Subaru's have EDR, over 99% of current manufacturers vehicles have EDRs.
On Subaru's that have EDRs it is a function of the Airbag Controller.
US Senate Bill 1925 “Driver Privacy Act” was introduced 2014 with bi-partisan support, to require warrant or owner
consent prior to accessing EDR. Passed as part of highway funding bill, signed into law Dec. 4, 2015.
SEC. 2. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA RECORDERS.
(a) Ownership Of Data.—Any data retained by an event data recorder (as defined in section 563.5 of title 49, Code of Federal Regulations), regardless of when the motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle in which the event data recorder is installed.
(b) Privacy.—Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless—
(1) a court or other judicial or administrative authority having jurisdiction—
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority;
(2) an owner or a lessee of the motor vehicle provides written or electronic consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle;
(3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer;
(4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data.
https://www.congress.gov/bill/113th-congress/senate-bill/1925/text