Dashcam that can Cost you 1500 Euros of Extra Penalty
These are cameras with a wide-angle lens designed to be placed on the front or rear window of the vehicle and record what is happening in the environment. It is a very common protection measure in other European countries such as Italy. However, using them in Spain can pose a risk for their owner whose use, far from helping you in a possible lawsuit, can mean an added penalty. This has happened to a driver from Toledo, to whom the Data Protection Agency has forced him to pay a fine of 1,500 euros after the Civil Guard detected one of these recording devices inside his vehicle.
Users use this type of Dashcam -which can be easily purchased online for a price of 30 euros- to record what happened while they are behind the wheel and in case of problems – fines, accidents, possible scams by third parties … .- being able to have support when appealing the sanctions or attesting to what happened.
This type of camera began to become popular in Russia. A country where until a few years ago it was common to have to pay bribes to the now defunct Militsia and where motor-related insurance fraud was the order of the day.
Incidentally, Dashcams have provided Internet users with hundreds of thousands of videos with hours of entertainment thanks to the fact that these personal cameras have recorded surreal scenes that have been captured from inside the moon of a car.
However, Dashcams are in legal limbo in our country and they walk the fine line that separates private recordings and video surveillance, which on public roads is the exclusive monopoly of the State-
In its resolutions, the Spanish Data Protection Agency (AEPD) tends to be in favor of the second reasoning and applies a sanctioning nature, as has happened to the neighbor of Toledo who is the protagonist of this story. “With this type of device, images of public space can be obtained, as this is the exclusive competence of the State Security Forces and Bodies,” the letter states.
As reflected in the sanctioning procedure of the AEPD, a Civil Guard patrol detected the presence of a camera attached to a car parked on the public highway.
“The presence of a video surveillance camera in the interior of the vehicle oriented towards public space is noticed,” indicated the letter from the Benemérita to the APED accompanied by a photographic report.
In addition, of the cameras that are sold for this purpose in the market, it is possible to use almost any camera (or even an old mobile) as a Dashcam. In this particular case, the Agency’s sanction states that it was a “360º camera, Xioami My Home Security brand, which can be controlled with a mobile application, viewing the images directly on the mobile device.”
In the reasoning to impose the sanction that exposes the director of the AEPD, Mar España, it is reflected that by “the existence of an image recording device inside the vehicle owned by the accused, oriented in such a way that it allows him to control space public, without just cause “it would be violating” article 5.1 c) RGPD “.
Said article establishes that “personal data will be c) adequate, pertinent and limited to what is necessary in relation to the purposes for which they are processed (” data minimization “)”.
Before imposing the sanction, the APED letter evidences a blunt position: “It should be remembered that individuals are responsible for ensuring that the installed systems comply with current legislation, proving that it complies with all the requirements demanded by the regulations in force “.
A regulation that contemplates that “the installation of this type of device must have the mandatory informative poster, indicating the purposes and person responsible for the treatment, where appropriate, of personal data”.
Likewise, it also specifies that “in any case, the cameras should be oriented preferably towards the particular space, avoiding intimidating neighboring neighbors with this type of device, as well as controlling areas of transit of the same without just cause. Something that turns these cameras into a useless object for their purpose: to protect our vehicle from fines.
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