Likely not. If I'm Nissan I tie it into the Engine Control Unit so that the car won't run without a "healthy" report from the EDR. Since the vehicle belongs to you the data from the recorder does to - at least I've heard that said according to our state law and you can only turn over the data if they ask you.
In the future I see these becoming more and more intrusive - to include a video camera capturing both the inside and outside views.