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About Dashcams

Dashcams are small cameras that are often used when using a motor vehicle or bicycle. The goal of users is to be able to attach the recorded event as evidence in the event of an accident. For example, they are mounted on the dashboard to ensure a good overview. However, there are some legal aspects to consider when using it. The handling differs in the various countries. In Germany, for example, data protection plays a weighty role. Every German has the right to informational self-determination in accordance with the Basic Law (Article 2 (1) in conjunction with Article 1 (1) of the Basic Law). Therefore, it is generally prohibited to film someone against or without their will. However, if the filming is occasion-related, filming is permitted. Such occasions can be accidents, for example. In more abstract terms, the prerequisite is the exercise of legitimate interests for specifically defined purposes and the interests of the data subject must not be overridden. Another problem at this point is, of course, that no consent is obtained at all. After all, filming takes place in moving traffic and you can't simply ask the other person whether filming is okay for him or her. However, the Federal Court of Justice has already ruled in cases that even permanent recording can be sanction-free. As justification, it stated that the operator of the camera would expose himself to this possibility and, in addition, the legal process would be facilitated by the attachment of evidence. As a result, this is a violation of the General Data Protection Regulation. It is therefore not out of the question that sanctions may be imposed in this context. The fine range is up to 20 million euros - but this amount also represents the absolute maximum of the amount to be paid. In the end, however, it always depends on the individual case and it is up to the insurance company or the police whether a penalty is imposed. The situation was similar in one case, where the video material was not important, but the sound recording was. The extent to which exploitation would have been legally permitted did not come to that, as the parties had already settled beforehand. In Germany, the legal situation is as described. The situation is similar in France and Denmark, for example, where the law is more relaxed. Belgium, Luxembourg and Switzerland, for example, prohibit them in their entirety. The Netherlands and Denmark only allow it for private use, and Poland and Spain permit it under other conditions. However, there is no use without any condition, something is always provided.