(TRD/BNP) A court in Germany has ruled that the use of dashcams in cars to film public spaces is illegal. This decision is based on the country’s strict data protection regulations, which are designed to protect citizens‘ privacy. According to the court’s ruling, filming public spaces without the express consent of the people being filmed is illegal, as it constitutes an illegal processing of personal data.
The ruling particularly affects private drivers who wish to use dashcams to document journeys. It found that the potential recording of pedestrians or other road users without their consent is against current law. This means that drivers who use dashcams must be aware of the legal requirements and take measures to protect the privacy of third parties.
The court’s decision aims to strengthen data protection and protect citizens‘ rights in the digital age. While dashcams are permitted in some countries to collect evidence in the event of accidents or for security purposes, in Germany the focus is on protecting privacy. Drivers should therefore consider alternative methods to document their journeys without violating data protection regulations.
It is important that all road users are aware of the legal framework and respect it. The use of dashcams can be useful for documenting accidents, but it must comply with data protection law. Interested readers can find further information on the legal requirements and possible alternatives on the official website of the Federal Network Agency or by consulting the relevant specialist departments.
The court ruling emphasizes that neither the dashcam users nor the operators of the platforms can decide what is illegal – this task falls to the responsible authorities. This ruling clearly shows how important the protection of privacy is in today’s digital world. It remains to be seen how the legal framework will develop in the future.
The Munich District Court (case no. 1112 OWi 300 Js 121012/17) has sentenced a driver to pay a fine because she attached a camera to her car and used it to film other road users. However, there is no clear legal regulation.
(TRD/MID) In the current case, the woman had fitted her BMW X1 with a video camera at the front and rear. The cameras continuously recorded video of the public traffic area in front of and behind the vehicle. These recordings were saved. In this way, at least three other vehicles that were in front of or behind the road area of the parked vehicle were recorded. Because another vehicle had grazed her car, the driver handed the recordings over to the police.
Then came the unpleasant surprise: a fine was imposed on the woman and a fine was issued for violating the Federal Data Protection Act. She appealed against this. She said that by recording license plates, no data worth protecting was collected and stored. She only wanted to be able to identify potential perpetrators of damage to the car. The individual drivers of the cars parked in front of or behind the car could not be identified.
According to a report by the German Bar Association (DAV), the court sentenced the woman to a fine of 150 euros for the intentional, unauthorized collection, processing and storage of personal data. The constant, unprovoked filming of the road space in front of and behind the parked vehicle violates the right to informational self-determination and represents a serious infringement of this right. The woman’s interest in uncovering a possible crime must take a back seat in this regard.
However, the installation of cameras in cars is not clearly regulated by law – neither in Germany nor in neighboring countries. Courts therefore decide differently. For example, the Nienburg District Court accepted dashcam images as evidence in a criminal case following a jostling incident on a federal highway. However, there was a subtle difference here: „The special feature here was that the camera was only switched on when the situation became critical,“ reports ADAC traffic lawyer Dr. Markus Schäpe. After the specific incident, it was switched off again.
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