Can I use a dashcam in the car?
January 25, 2023 | 40,00 EUR | answered by Gerda Dietrich
Dear lawyers,
I am Jonas Lindach and I have a question regarding the use of a dashcam in my car. Lately, I have heard of an increasing number of car accidents where dashcam footage has been used as evidence. As I spend a lot of time on the road and am concerned about my safety, I am considering purchasing a dashcam. However, I have doubts about whether the use of a dashcam is even allowed in Germany.
Currently, I find myself in a situation where I am regularly traveling for work and I worry that I could be involved in an accident. I believe that a dashcam could help me prove my innocence in case of an accident and make any potential claims for damages. However, I have also heard that the use of dashcams can raise data protection concerns.
My question to you is therefore: Am I allowed to use a dashcam in my car and use the footage as evidence in case of an accident in court? Are there legal regulations that I must adhere to when using a dashcam to avoid violating data protection laws? What consequences could I face if I use a dashcam in my car without following the legal requirements?
I thank you in advance for your support and advice on this matter.
Sincerely,
Jonas Lindach
Dear Mr. Lindach,
Thank you for your inquiry regarding the use of a dashcam in your car. It is very understandable that you are concerned about your safety and potential accidents, especially if you are frequently on the road for work. A dashcam can indeed be a helpful way to secure evidence in case of an accident.
The question of whether the use of a dashcam is allowed in Germany is not easy to answer. In general, the use of dashcams in Germany is permitted, but there are some legal regulations that you must follow in order not to violate data protection laws. For example, the recordings from a dashcam must not be unlawfully used for monitoring other road users. This means that you must respect the privacy of other road users and should blur out their license plates or faces.
If you intend to use the recordings from a dashcam as evidence in court in case of an accident, you must ensure that the recordings are admitted as evidence. This means that the recordings must be authentic and not manipulated. It is important that the recordings accurately document the sequence of events during the accident and that you act in accordance with data protection regulations.
If you violate the legal requirements for using a dashcam, there may be legal consequences for you. This can range from a fine to a penalty or criminal prosecution. Therefore, it is important to inform yourself in detail about the legal framework for using a dashcam in Germany and, if necessary, seek professional advice.
I recommend that you thoroughly inform yourself about the legal regulations for using a dashcam in Germany and potentially speak with a lawyer to ensure that you comply with all regulations. Only then can you truly benefit from the recordings of your dashcam in case of an accident.
I hope that this information has been helpful to you. If you have any further questions or need additional support, I am happy to assist you.
Kind regards,
Gerda Dietrich
