Dashcam in car, motorcycle or on foot: beware of the RGPD!

The use of video recording systems mounted on the dashboard, or used by bikers or cyclists, the so-called"dashcams" is increasingly common, and as their quality has increased and their price has become more affordable. These cameras can film the interior or exterior of the car, and thus the sound and image.

But is it all legal and does it respect the RGPD? The Irish authority has published an interesting opinion on this subject (link at the end of the article).

When the camera is used in a bus, a cab, by police officers, obviously the GDPR applies. And so the organizations that are setting up these in-car cameras will be data controllers and they will have to, not only be compliant with the GDPR, but also check the GDPR compliance of their camera suppliers if the images and sound are stored in the cloud.

Some practical problems arise nevertheless. Indeed, if for fixed surveillance cameras, it is possible to inform the filmed persons, in particular by posting information panels, it is obviously more complicated for mobile cameras.

For vehicles, such as cabs or buses capturing images of passengers, information will have to be provided in the vehicle to the passengers. This information will have to include all the mentions imposed by article 13 of the RGPD. In the case of public space images, in the event of an accident, for example, it will be necessary to inform the other party that images of the accident have been captured in the interests of transparency and to allow the persons concerned to make a request for access to the data. And in any case, the images must be destroyed as soon as they are no longer useful.

Some might say that dashcams are gadgets used for private purposes and therefore the GDPR does not apply, because we are in the private sphere, as for the management of the names and addresses of our friends and family. But let's remember that the Court of Justice of the EU considered that the installation of a surveillance camera installed by a private individual who also viewed the public space is no longer a domestic activity exempt from the GDPR. And then using a camera that films the public space, such as a Dashcam is not automatically outside the scope of the GDPR.

If a private individual uses a dashcam to capture images and sound in public space, he or she is no longer in private use and will have to be careful about how the images are used.

Private persons using an in-car camera in a public place should be aware that the publication of the images, for example on social media, cannot be considered as part of the private sphere either and is even prohibited if done without the permission of the persons concerned.

The publication of personal data may be justified in certain circumstances for journalistic purposes, but it must be carefully balanced against the data protection rights of the persons concerned.

And let's not forget that the regulations authorizing journalists to work, within the framework of the right to information, only apply to journalists and not to all those who claim to be journalists.

Finally, let's not forget that the persons concerned whose images have been captured by these dashcams have a right to information, a right of access and a right to erasure.

The use of dashcam for companies, but also for private individuals, requires to be careful and to never forget to respect the right to privacy of the persons concerned.

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