Dashcams in road traffic – what is permitted?

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More and more drivers are using dash cams to record accidents and protect themselves legally in the event of a dispute. However, the use of such cameras is not without legal problems. The continuous and secret filming of road traffic can violate data protection rights, in particular the right to informational self-determination. License plates and faces of other road users may only be recorded and stored within narrow limits.

Dashcam recordings can provide valuable evidence in serious cases. They are objective and verifiable – and therefore often more meaningful than witness statements. However, it is important that the recordings were made in a legally permissible manner. The key question here is whether a recording was made on an ad hoc basis or continuously.

Event-related means that the camera only records for a short period of time and only stores data permanently in the event of an actual incident, such as an accident. This is made possible by models with a so-called loop function or a shock sensor. Permanent recordings without a specific reason, on the other hand, are critical in terms of data protection law and may even be illegal.

In 2018, the Federal Court of Justice ruled that even recordings made illegally can be used as evidence in certain cases—provided that the balance of interests favors the discovery of the truth. The decisive factors here are the severity of the infringement of third-party rights and the evidential value of the recording in the specific proceedings.

Anyone who wants to use a dashcam should look for data protection-friendly devices that only record for a short time and automatically overwrite the recordings. Audio recordings and continuous operation should be avoided. This is the best way to reconcile the preservation of evidence with data protection.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.