Car Dashcam: Road Accidents, How to Use It and Rules

The term dashcam refers to all those video surveillance devices that allow the owner of a car to be protected in the event of road accidents. In fact, these cameras allow you to take a wide-angle view of both the outside and inside of the car depending on the driver’s needs. A fast and smart solution, and what’s more, it’s not forbidden: in fact there are no laws that prevent their installationas long as they do not obstruct the driver’s view. A very common trend in the American continent, where road accidents are constantly recorded and published on various platforms. In Europe, however, there are rules of privacy protection which could hinder the use of the recordings in the event of an accident.

what it is and how it works

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“Dashboard cameras,” commonly abbreviated to dashcams, they recover every kilometer traveled and, once the memory is full, the oldest videos are automatically deleted. There are various models, with frontal, double or 360-degree panoramic views. They are usually powered by a USB cable connected to the car, but wireless models are becoming increasingly popular. Some manufacturers, such as Tesla, include them as standard and also include the view of the rear of the car. The difference is substantial: those powered by a USB cable turn off together with the car, not allowing the camera to record even when the car is parked. On the contrary, the wireless ones and those included in the standard setup can record images even when the car is off.

when can recordings be used?

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According to the laws in force on the protection of personal data, anyone who owns videos or images You may not share them with third parties or disseminate them publicly.. For example, if you want to publish a video on social networks taken with a dashcam, you must ensure that the people in the video and the license plates of the vehicles are not identifiable. However, in the event of accidents, the video can be shown for personal purposes to the parties involved in the insurance procedure, as they have probative value only if the opposing party does not dispute them, which can often happen. In this case, however, the dispute cannot be generic, but must be based on concrete facts. In any case, the Judge will decide on the admissibility of the video, if necessary.

recordings with the car off

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It is natural to think that it is convenient to have a video surveillance system that records even when the car is turned off, in order to be able to obtain evidence in the event of theft, vandalism or fraud in the absence of the car owner. In reality, videos made in the absence of those who want to obtain the recording which he could not have obtained if he had been physically present, are considered illegal according to the Privacy Codeeven if the purpose is to protect one’s rights or to document a crime. Theoretically, evidence acquired in violation of the prohibitions established by law is therefore not obtainable in criminal proceedings. However, the Public Prosecutor who receives a complaint with attachments of illegally acquired videos can decide at his discretion to use them, although he must report it to the Privacy Guarantor who will impose an administrative sanction. Therefore, in the event of vandalism, the recordings could be used, but in that case a fine will be paid.