November 20, 2023

Safety with restrictions:

In which countries is the use of dashcams prohibited by law?

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Safety with restrictions: In which countries is the use of dashcams prohibited by law?

Disputes about the legality of dashcams in Europe are a perpetual dilemma. On one hand, there are laws, and on the other, decisions made by police officers and judges. In 2017, a court in Nuremberg determined that dashcams do not violate privacy and can be key in legal debates. But is everything so transparent and clear everywhere?

Case Law in Germany: When a Dashcam Became Evidence

The court ruling in favour of the victim with a video recorder concerned the following incident: on the A5 motorway, a passenger car ‘crossed’ the road in front of a truck. The camera recording dotted the i’s and crossed the t’s, revealing the guilt of the passenger car driver, who had initially provided the police with knowingly false information.

As it happened, the guilty party filed a counterclaim against the truck driver. The argument was as follows: breach of confidentiality. However, the faces of those involved in the accident were not visible in the recording, which allowed the court to rule in favour of the innocent party.

Opposing Court Decision: The Situation in Munich

A completely opposite verdict was issued by a court in Munich, which fined a woman for transmitting a recording where her car was damaged by a neighbor. The recording was deemed illegal due to violation of citizens’ privacy. As a result: the victim paid 150 euros.

To the clear question, «how then to prove who is to blame on the road», a vague answer was given:

«It cannot be that each of the 80 million Germans will walk around with a camera and record every situation, because suddenly some violation will occur».

The sentence itself was also based on:
«Continuous, unjustified filming of the space in front of or behind a parked car violates data protection laws. Thus, the use of video recorders to record public spaces is a violation of data protection law. If someone illegally records, intentionally collects, distributes, or stores personal data that is not publicly available, they are committing an unlawful act».

Use of Dashcams in EU Countries: Where It Is Allowed and Where It Is Not

The laws governing the use of car cameras in the EU are unclear. German law does not provide clear answers, and one court verdict does not form a rule. The German automobile club ADAC recommends where you can safely drive with a camera, and where it is better to refrain.

According to experts, you can use a dashcam and not be afraid of fines in the following countries: Bosnia and Herzegovina, Bulgaria, Denmark, Estonia, France, Spain, the Netherlands, Lithuania, Latvia, Malta, Norway, Romania, Serbia, Great Britain, Hungary or Italy. In addition, also in the CIS countries.

Restrictions on the Use of Dashcams in Individual Countries

But there is a «BUT» here too:

Netherlands, Norway – you can use a recorder only privately, provided that the equipment does not distract the driver.

Hungary – recordings can be made in poor resolution, stored for no more than 5 days and not shown to third parties.

France – can be used if the recording does not affect visibility.

Where it is definitely not allowed – Belgium, Luxembourg, Portugal, Switzerland, Sweden and Germany.

Austria is considered the most «difficult» country. Here, cameras are not prohibited by law to the same extent as they are not allowed. But if a private individual has transferred photo or video material to third parties, on which a person or license plate can be recognized, then they have committed unlawful acts.

Conclusion:

The use of video recorders is an area that is currently not clearly regulated from a legal point of view in EU countries. Our advice: «Be careful with cameras in Western European countries. Delete your archives regularly twice a week and make poor-quality recordings».

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