
Can I be fined for having a camera attached to my car?
The Data Protection Agency (AEPD) has fined a resident of Toledo 1,500 euros for installing a 360º camera in the rear of his vehicle, which was aimed at the road. A sentence that has generated a lot of controversy given that car manufacturers, insurance companies and spare parts shops offer the possibility of installing cameras in vehicles. These recording systems are not necessarily illegal as long as they meet certain conditions.
According to Hello Auto 's legal report on the ruling, this camera functioned as a video surveillance system, as it was active at all times and could be accessed remotely via the user's mobile phone and without warning of the filming. This, according to the agency, is a violation of the right to privacy of third parties.
However, not all dashcams perform video surveillance functions. In fact, according to the legal report, the AEPD considers the installation of an "on board" device in a private vehicle to be in accordance with the law, provided that the recording is only activated when a specific event occurs; that access to the images occurs in the event of an incident; that the image of persons or number plates that are not linked to the event in question is blurred; and, finally, that the obligation to inform interested parties is adequately complied with.
A dashcam is a small video camera that is installed inside the car. It can be placed either in the front or in the back of the car and its purpose is to record what is happening on the road at all times. There are several ways to install them, although the most popular is by attaching them to the car's windscreen using a suction cup. However, extreme care must be taken when choosing the location of the camera and it must be placed in a place where it does not obstruct the driver's vision.
The DGT reminds us that manipulating the camera while the car is in motion is a reason for a fine. As with other types of distractions at the wheel, such as GPS, radio or passengers, this camera could lead to a distraction and risk of an accident.