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Dashcam recordings of damage to property could be admitted as evidence by a court as part of a weighing of interests, as a recent judgment by the Düsseldorf Regional Labor Court (Ref.: 13 Sa 624/22) shows. In this case, two city employees were involved. One parked his car in the municipal lot in the morning, and the other parked his next to it shortly thereafter. When the first employee returned in the morning, he discovered scratches on the passenger door and the sliding door. He accused the colleague and demanded damages of around €1.730.
Does the dash cam make scratching noises?
The person concerned wanted to use his dashcam recordings, which are made as soon as someone approaches his vehicle, as evidence. The video material did not show the damage, but the audio track did show the scratching noises shortly after the colleague parked. The intensity and the noise pattern indicated that the colleague had caused the scratches. The accused colleague denied the crime and argued that the soundtrack could also be his footsteps in the parking lot, which was icy at the time, or the sound of his side mirror folding in. He also objected to the use of the dashcam recordings, on the grounds that they contain image and sound recordings that are illegal under data protection law.
Admissibility of the recordings as evidence?
The court ruled that the record could still be used as evidence. A dashcam recording without a specific reason violates data protection, but in the opinion of the court this leads to intentional damage to property not to a ban on the use of evidence. The court informed that it would examine the records and both vehicles more closely, but before doing so, proposed that the parties settle. Both still agreed to the agreement before the taking of evidence to. The accused employee paid half of the damage to the plaintiff and the other half to a non-profit organization. They also agreed that the defendant cannot assert any claims for damages against the plaintiff due to possible data protection violations. Source: LAG Düsseldorf
Of course, that wasn't the end of it.
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