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Dashcam in the car: Use is permitted - but there are fines

2022-11-27T04:09:08.477Z

Dashcam in the car: Use is permitted - but there are fines Created: 2022-11-27 05:02 By: Simon Mones The use of dashcams is permitted in Germany – including in court. However, anyone who violates data protection risks high fines. The internet is full of them: more or less funny clips of traffic accidents from all over the world. Grip moderator Matthias Malmeide has also commented on these vide



Dashcam in the car: Use is permitted - but there are fines

Created: 2022-11-27 05:02

By: Simon Mones

The use of dashcams is permitted in Germany – including in court.

However, anyone who violates data protection risks high fines.

The internet is full of them: more or less funny clips of traffic accidents from all over the world.

Grip moderator Matthias Malmeide has also commented on these videos.

They are recorded with so-called dashcams, the use of which is not prohibited in Germany, but is controversial.

Because: In this country, nobody can be filmed against their will.

"It is also not permitted to post photos of other people or car license plates on the Internet or otherwise publish them without being asked.

This would be a violation of the right to informational self-determination,” explains the ADAC.

There are strict rules for using dash cams in Germany.

And data protection must also be taken into account.

© localpic/Imago

Dashcam in the car: Use is permitted - but there are fines

The data protection officers therefore insist that the dashcams only film briefly and on a case-by-case basis.

That means: Only if there is an accident or a severe delay.

"Observation with video cameras is also only permitted if this is used to protect legitimate interests for specifically defined purposes

is necessary and there are no indications that the legitimate interests of those affected outweigh it," emphasizes the ADAC.

Catalog of fines: what fines traffic offenders have to reckon with

View photo gallery

In addition, the user of the dashcam "cannot meet his information obligations towards the recorded in the flowing traffic".

Thus, the driver violates the General Data Protection Regulation (GDPR) when using it.

Storage of the recordings is only permitted if they are later presented to the police or a court.

Dash cam in the car: there is a risk of trouble with data protection officers

If the dashcam is used improperly, the data protection authorities can

impose fines.

In case of doubt, these can be very high.

"Of the

Fines for such violations are up to 20 million euros or up to four percent of a company's annual turnover," writes the ADAC.

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A fine is also threatened if private individuals want to use the dashcam recordings to report the misconduct of other road users to the police.

Because: Video recordings for criminal prosecution are reserved for the police and are not permitted in every case.

Dashcam in the car: Use abroad not uniformly regulated

Nevertheless, the recordings of the dash cams can be used as evidence in court.

In individual cases, this also applies to permanent, unrelated recordings.

The Federal Court of Justice (BGH) already decided this in 2018 (Az.VI ZR 233/17).

However, interests and goods must always be weighed up.

The lack of evidence due to the speed of road traffic must also be taken into account.

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But what if you want to use the dashcam abroad?

The rules are sometimes very different, so drivers should inform themselves in advance to avoid high fines.

The ADAC has summarized the applicable rules for the most important travel countries:

  • Bosnia-Herzegovina: Basically no problem.

    When used as evidence: Inform those involved in the accident immediately.

  • Belgium: Do not use dashcam.

  • Belgium: Do not use dashcam.



    Denmark: Basically no problem.

    When used as evidence: Inform those involved in the accident immediately.

  • Finland: Basically no problem.

    When used as evidence: Inform those involved in the accident immediately.

  • France: Basically no problem.

    When used as evidence: Inform those involved in the accident immediately.

  • Great Britain: For private use only.

  • Italy: For private use only.

  • Luxembourg: Do not use a dash cam.

  • Malta: For private use only.

  • Netherlands: For private use only.

  • Norway: For private use only.

  • Austria: Only with permission.

  • Poland: Camera must be easily removable, recordings must be overwritten regularly.

  • Switzerland: Do not use a dash cam.



    Serbia: Camera should have a low resolution, data that is not required should be deleted after five days and protected against unauthorized access.

  • Spain: Camera should have low resolution, data not needed should be deleted after five days and protected from unauthorized access.

  • Czech Republic: Camera should have a low resolution, data that is not required should be deleted after five days and protected against unauthorized access.

  • Hungary: Camera should have low resolution, data not needed should be deleted after five days and protected from unauthorized access.

Source: merkur

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