Use of dash cams in Germany & Europe: the info!

Everyone knows them, the sometimes funny video recordings that show bizarre scenes in traffic. However, the recordings are often not funny clips, but accidents recorded on video. Record traffic violations and accidents is also the real purpose of the so-called Dashcams. Dashcams, which have so far mainly been used on foreign roads, are currently still very controversial in Germany. Although the use of the small cams is not illegal across the board, in certain cases you can violate the General Data Protection Regulation (GDPR) when filming others. Basically, in Germany, the law prohibits the publication of recordings made by other people, road users and license plates.

Recording can be punishable!

If you publish the recordings of your own dashcam, you are violating the right to informational self-determination and may be liable to prosecution. With regard to dashcams, it is primarily privacy advocates who are concerned about the potential introduction of the small cameras in traffic. They demand that dash cams should only be allowed in special cases, such as when it is an immediate accident. Filming with dashcams or other cameras is currently only permitted if there are relevant reasons for doing so. That is, if there are concrete indications that the filming is in the sense of safeguarding legitimate interests and the interests of the person concerned to be protected do not prevail. The storage of video recordings made with the dashcam is only permitted if the recordings are subsequently presented to a court or the police.

Dashcams: privacy advocates are concerned!

Anyone who uses dashcams in an unauthorized manner in Germany must expect high fines. In the event of incorrect and unauthorized use, the data protection authorities can impose fines of up to €20 million (!!!) on private individuals. Businesses face fines of up to 4% of annual sales. It is also prohibited in Germany to use a dashcam to report violations by other road users to the police with the recordings made with it. These recordings are usually part of criminal prosecution, which is the exclusive responsibility of the police and the responsible authorities. But even the police and authorities cannot make use of recordings of this type in every case. However, dash cam video recordings still have probative value in court, even if they are random (unreasoned) recordings. The Federal Court of Justice already decided this in 2018!

However, it must be ensured that goods and interests are weighed up in advance. In its decision, the Federal Court of Justice pointed out that the lack of evidence, which is often present in road traffic due to the speed, must also be taken into account. Abroad, the legal situation with regard to the use of dashcams varies greatly depending on the country. To be on the safe side, drivers should always explicitly inform themselves about the applicable rules in the respective country. Because depending on the country, high fines can also be imposed on drivers there.

The rules for some travel countries are set out in the following overview:

1. Serbia: Filming with dash cams is only allowed if the recording is in low resolution. Irrelevant data must be deleted after 5 days.
2. Hungary: Filming with dash cams is only allowed if the recording is in low resolution. Irrelevant data must be deleted after 5 days.
3. Spain: Filming with dash cams is only allowed if the recording is in low resolution. Irrelevant data must be deleted after 5 days.
4. Czech Republic: Filming with dash cams is only allowed if the recording is in low resolution. Irrelevant data must be deleted after 5 days.
5. Poland: The dash cams must be easy to remove from the car, video recordings must be overwritten after a certain period of time.
6. Great Britain: Filming with dash cams is only permitted for private use.
7. Luxembourg: Use of dash cams prohibited.
8. Italy: Filming with dash cams is only permitted for private use.
9. Malt: Filming with dash cams is only permitted for private use.
10. Switzerland: Use of dash cams prohibited.
11. Netherlands: Filming with dash cams is only permitted for private use.
12. Austria: special permit required.
13. Norway: Filming with dash cams is only permitted for private use.
14. Denmark: Use of dash cams is permitted. However, those involved in the accident must be informed directly about the recordings if they are to be used as evidence.
15. France: Use of dash cams is permitted. However, those involved in the accident must be informed directly about the recordings if they are to be used as evidence.
16. Finland: Use of dash cams is permitted. However, those involved in the accident must be informed directly about the recordings if they are to be used as evidence.
17. Bosnia Herzegovina: Use of dash cams is permitted. However, those involved in the accident must be informed directly about the recordings if they are to be used as evidence.
18. Belgium: Use of dash cams prohibited.

Of course, that wasn't the end of it.

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