Dashcams - practical problem solving with strict rules

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The topic keeps coming up Dashcam on and we get a lot of questions about it. Are dash cams allowed or not? As we know, we already have some devices (1/2/3 etc.) tried and mostly briefly informed about the legal situation at that time. And the Federal Court of Justice in Karlsruhe also has this in May 2018 one judgment (VI ZR 233/17) has been made. But how is it now 2 years later? What are you allowed and what are you not allowed to do? We have now compiled the most important information for you. A dash cam in the vehicle is the perfect evidence in the event of an accident. It is not uncommon for discrepancies to arise during a traffic accident, which could be clarified with the pictures taken by the camera. However, strict rules apply when it comes to the use of dash cams in road traffic.

Judgment VI ZR 233/17 from 2018

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Until recently, the recordings of the cameras in court were generally not permitted as evidence. But on May 5, 2018, the Federal Court of Justice recognized a dashcam recording in court for the first time as evidence. However, this does not mean that every driver of a motor vehicle can exercise the right to film and save all traffic. There are a number of points to consider here.

Privacy issues

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In Germany, filming other people or driving on the road without a specific reason is prohibited in public. Through the General Data Protection Regulation (GDPR), anyone who can be seen on the recordings could theoretically file a complaint. Accordingly, drivers can only use your dashcam to film when a relevant event takes place. The extent to which the video recording is then allowed in court always depends to a certain extent on the judge and the specific case. The severity of the offense is also crucial. If a person is only filmed while parking improperly, the person who made the video may experience difficulties with the law. After all, the video is not really IMPORTANT! The so-called loop mode of the dash cams offers a solution so that filming is not permanent. Only short sequences are recorded, which can be overwritten after a short time. Many dash cams also offer a so-called G-sensor. This reacts to the acting G forces of an accident and is activated accordingly. For example, if you only film your vehicle for parking surveillance and save the recordings, you will undoubtedly be punished.

The legal situation abroad!

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Many people are amazed when they learn that Dashcam recordings must not be published. So the Internet is full of bizarre shots, which show insane accidents and actions by different drivers. However, these recordings almost always come from other countries that do not have a strict data protection regulation, such as in Germany. If you still want to put your recordings online, you should make every effort to make all faces and marks unrecognizable so that you do not violate the data protection regulation. In the UK, for example, the situation regarding the use of dash cams is completely different. With some insurance companies, drivers can even get a discount of up to ten percent on their bill if they have an active dash cam installed. The cameras have also long been allowed in other European countries such as Spain, Denmark and the Netherlands. However, the rule here is that it is only intended for private use. If the recordings are used as evidence, all those involved in the accident must be informed immediately.

better use a crash cam

In Austria, however, drivers need a permit for the dashcams. The cameras could affect the view of the road. However, it also applies to other European countries that the legal situation can change quickly. Many regulations are also formulated very unclearly. In countries such as Belgium, Luxembourg, Portugal and Switzerland, the use of dashcams is currently not recommended. A "Crash cam“Only records what happened in the event of an accident. The cam only uses a very short time window for the recording. Furthermore, the memory card is always and constantly overwritten with new recordings. There is no long-term storage with the crash cam. So if you want to buy such a mini camera for the vehicle, it is best to use the "crash cam".

the most important information for use in Germany:

  • Dashcams have strict rules
  • since 2018 the cams are expressly allowed (Federal Court of Justice judgment of May 15, 2018 Az.VI ZR 233/17)
  • Positive and negative judgments about dashcams: AG Munich Az. 335 C 13895/15 or Az. 1112 OWi 300 Js 121012/17, BGH Karlsruhe VI ZR 233/17, OLG Stuttgart Az. 4 Ss 543/15 etc.
  • however, the use remains problematic (Filming in public for no reason violates the General Data Protection Regulation (GDPR) and should be avoided -> Any person filmed could sue)
  • for no reason the dash cam is not allowed to film (only one “important” event justifies the legitimate interest in conclusive images from the camera), permanent filming while driving or in park mode is prohibited for data protection reasons
  • publication of accident or breakdown videos is always prohibited (unless you have the consent of all filmed people or the faces, license plates, etc., which could serve for identification, are blackened / made unrecognizable)
  • each case is up to the competent judge to determine whether it is admissible as evidence (the seriousness of the offense is important)
  • Dashcam needs to film road traffic in “loop” mode (This prevents permanent data collection because only short sequences are recorded, which are then overwritten)
  • A dashcam with automatic function that deactivates the loop mode by itself in the event of an accident or at least enables it at the push of a button, and a built-in G-sensor is recommended - pay attention to special GDPR dashcams
  • The legal situation applies to everything dash cams, whether in front, back or to the side and whether in the rear view mirror, in the vehicle front or as a classic cam for retrofitting

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Of course that had not been the case.

tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:

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