You probably have less to worry about from Big Brother than you do from insurance companies and the other guy suing you in the event of a crash. EDR data have been increasingly used in negligence and wrongful death lawsuits:
EDR Case Law
(sampling of EDR case law, including some Canadian cases)
Depending on the car manufacturer, all kinds of data may be recorded prior to a crash:
Crash Data Recorders
http://www.harristechnical.com/downloads/49CFR563.pdf (Federal regulation on EDRs)
EDR State Laws
(State statutes generally governing disclosure, downloading and release of EDR data, including for vehicle repair, crash investigation and litigation purposes).
And in response to a prior post, the smart's Owner's Manual (p. 26) states that the smart does have electronic devices that can record crash events. Since this disclosure was done pursuant to California Vehicle Code section 9951, it's a safe bet that the smart does have an EDR. How many data fields it records remains an open question.