Dashcam behind the wheel – Useful companion or legal maze?

The development of modern technology not only improves transport safety, but also creates new legal challenges. Today, on-board cameras, or dashcams, are becoming increasingly popular among drivers. No wonder, as they can help to identify the person responsible for an accident and provide useful evidence in disputed traffic situations. But how protected are people who use such devices? What are the rules we need to be aware of? 

1. Dashcam: useful or risky?

In-vehicle cameras are one of the most widely used in-car technology devices in the world today. They help to record traffic incidents, including accidents, violations or even breaches of traffic rules.

Their main advantage is that drivers have video evidence in the event of a road accident or damage, which can help them assert their interests against the insurer and the tortfeasor. However, their use can also be risky and can lead to heavy fines if they are not used in accordance with the rules.

In this article, I will examine the legal aspects of in-vehicle cameras, the Hungarian and international legal environment and the possibilities for further development of the regulation.

2. International rules and derogations

The global regulation of in-vehicle cameras is not uniform, with completely different legal environments in different countries.

There are national laws that do not allow cameras at all, such as Portugal, where even possession of an on-board camera carries a heavy fine. Some countries have legislation that allows installation subject to strict conditions. This type of legislation can be observed in several countries in Western Europe. In Austria, for example, it is possible to use an on-board camera, but if the recording is published on the Internet with the possibility of identifying the licence plates and identities, the offender can be fined up to €10,000 - €25,000, as in Luxembourg. Under German law, cameras can only be installed if they do not infringe the privacy rights of others and if they are not directed onto the private property of others.

In comparison, in Eastern Europe, such as Russia or Ukraine, the installation of on-board cameras is almost mandatory, and insurers have an almost basic expectation that the footage recorded by the cameras will be requested for assessment purposes, as insurance fraud is common and they want to avoid it by using the camera footage as evidence.

In the United States, the rules vary from state to state. Most states allow the use of on-board cameras, but data recorded by the cameras can only be shared if it does not violate local privacy laws.

Also worth highlighting are the UK's rules on the use of on-board cameras, which regulate in detail the use of on-board cameras in business vehicles: recordings must comply with UK GDPR data protection requirements, the camera must not obstruct the driver's field of vision, and recordings can be lawfully used in court, but there may be legal consequences for invasion of privacy, unlawful recording or sharing.

Knowing the relevant rules of foreign countries is important because, if you use your vehicle abroad, the laws of the country where you are will apply to your on-board camera.

3. Use of in-flight cameras in Hungary

The primary purpose of on-board cameras is to increase the protection of persons and property and to improve road safety, and therefore their installation in vehicles must also take into account road safety rules. For example, special care must be taken to ensure that the camera does not obstruct the driver's field of vision or interfere with the detection of traffic signals. The mounting of the camera must be stable so that it does not move or fall off while driving. It is recommended that the camera be placed on the windscreen or in the foreground of the vehicle, in a position where it does not distract from the driving but can still capture the necessary data.

In addition to road safety rules, knowledge of data protection rules is essential. On the one hand, the use of on-board cameras is subject to the rules of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation - GDPR), which contains strict rules on data processing. In addition, it is also worth taking into account the position of the National Authority for Data Protection and Freedom of Information (NAIH) and the European Data Protection Board's Guideline 3/2019 on the processing of personal data by video devices.

Since on-board cameras can record personal data (such as number plates or facial features), data processing must comply with the GDPR. The recordings can only be used to prove accidents or traffic offences and can be stored for a limited period of time. The recordings cannot be shared with third parties without a legal basis and the data controller (the owner of the camera) is obliged to inform the data subjects about the recording. Excessive data processing (e.g. continuous or unjustified recording) is a breach of personal data protection and can lead to fines. If the recordings are to be made public (e.g. shared on social media), the consent of the data subjects is required.

4. What about company cars? 

You may ask what the situation is with company cars and the on-board cameras in them, and what we need to be aware of if we as employers want to install on-board cameras in our company cars.

The use of in-vehicle cameras in company cars raises complex legal issues, as there may be employment, data protection and road safety concerns, and the range of solutions that can be proposed depends largely on individual factors.

In general, however, from a data protection point of view, it is worth carrying out an interest assessment test before introducing in-flight cameras and adding the provisions on in-flight cameras to the company's privacy policy. The privacy notice should include details of why the camera is being installed, how the data is processed and the rights of employees in relation to the processing. Furthermore, employees should be informed in advance that an on-board camera will be installed in their company cars.

5. Future challenges and possible solutions

As the examination of the rules has shown, there are a number of uncertainties regarding the use of on-board cameras, and I believe that there is a need for a single EU regulation to eliminate the existing anomalies between Member States' regulations on on-board cameras, thus facilitating the use of on-board cameras across borders. The introduction of newer technologies (such as automatic obfuscation of faces and number plates, or deletion of data in the absence of an accident) could also help to address data protection concerns.

The role of public information and licensing schemes can also be essential. In order to inform road users and authorise the use of cameras, authorities could introduce a simplified authorisation system that guarantees lawful data handling without overburdening drivers.

The proliferation of on-board cameras is unstoppable, and it is therefore essential to create a transparent, uniform legal framework that protects the interests of both drivers and authorities. However, until such legislation is in place, the best thing to do is to be well informed about the legal requirements in the country of destination and to respect privacy rights. That way, the on-board camera can really help us stay safe - without facing legal consequences.

Author: Dr. Bálint Oláh