Dashcam in Germany: Is that legal?

Many video together sections, clip-shows etc. can be seen videos that were shot from the cockpit of a vehicle. Especially in Russia Dashcams are very popular, about documenting traffic accidents and expose insurance fraud. But what is the situation with Dashcams in Germany, the use is legal here?

Dashcam in Germany: Is that legal?

Of course, the benefits tempted to install a video camera on the dashboard to z. be able to record to have on hand as evidence in case of accident or strange events while driving. The question whether Dashcams are allowed in Germany as evidence in legal proceedings or not, German courts deal ready for years. 2017, there were now two landmark judgments conflicting with the previous view.

dashcam-screenshot

Dashcam in Germany: Legal? Judgment and Legal

  • The use of Dashcams in Germany is legally controversial.
  • In particular, the Federal Data Protection Act is against the cinematic shot of the road from the own vehicle.
  • Who installs a dashcam in the dashboard, filming and stores thus primarily other road users, including license plates.
  • The filmed get nothing from recording what happens to the recording, it is unclear for Recorded.
  • Under no circumstances you are allowed to shoot a dashcam online in Germany provide for retrieval show and trademark and faces of admitted without their consent.
  • Here is a breach of the right to informational self-determination.

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Are dashcam legal in Germany?

The situation is different, however, if their shots performs during a trip for exclusively private purposes with a dashcam. Here, it behaves similar to a recording with the phone or with a camcorder, for example. As during a vacation trip. The permanent record of the road is therefore data protection law only permitted if the recordings remain exclusively in the private and personal space. Conversely, this means that you put legally in a bind when such dashcam recordings are now but used as evidence for a process in Germany. In the summer of 2016, the Higher Regional Court in Stuttgart for the first time shooting a car camera used as evidence in relation to a traffic accident.

dashcam-legalShooting a dashcam may not be made public in Germany

Similarly, how it behaves when streaming videos from the Internet, the legal situation in the use of dashcam is inconsistent and inaccurate. 2013 conducted by head camera shot in an accident process from Munich AG was recycled. The same court, however, has criticized in another department that the recovery of the video precluding as evidence means data protection and the Art Copyright law. Also, the Higher Regional Court of Nuremberg accepted dashcam recordings as evidence in a traffic accident in September 2017th Here you can see the interest in a legal important than the interest in the personal rights of the other party. By including no intervention occurs after OLG in the privacy and intimacy. Nevertheless, there is no general statement about the legality of Dashcams. Instead, each an individual decision must take place.

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14.11.2017

Posted In: software

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