No, I don`t have to incriminate myself. Therefore! In addition, the cameras always perform a loop recording on the SD card. Only if there is a reason does the sequence in question be written in another file. And the lopp area is the problem here! Even with an SD card of only 8GB, you still have a good 10-15 minutes of film, which should be considered illegal due to data protection. And fdarum I always have a second SD card ready, which is completely canceled and empty. And the police can have them when they discover the camera. German experts did not know whether dashcam car accident recordings violated data protection laws. The Federal Court of Justice in Karlsruhe has provided clarification. The German automobile association ACV said the decision had “ultimately provided a legal framework for the use of dashcams on German roads.
As the PO suspected, this legal situation is probably the reason why there are a lot of dashcam recordings on Youtube from the US, Russia and Britain, but almost none in Germany. It`s not just that most images can`t be published because it would violate the rights of every person in them. The systematic production of such recordings, even as in these other countries, is generally considered illegal by the German courts. The Federal Court of Justice (BGH) in Karlsruhe has ruled that dashcam recordings can be used as evidence after a car accident. It is legal to use a dashcam with an overwrite function that stores only one recording before an accident. The Federal Supreme Court has ruled that online platforms such as YouTube can be held liable for illegal downloads that infringe copyright, even if the content is published by third parties. I see no problem using a proper dashcam. These devices typically have the ability to record video in a 1,2, or 3-minute loop and then stop the crush when triggering an internal G-sensor (governed by collisions). In addition, the crash can also be stopped manually if there is a lack of evidence (in case of doubt also as a witness to the accident.). So, my point of view would be to legalize the dashcam on the condition that it records in a loop for a maximum of 3 minutes until a sensor is triggered or until the emergency button is pressed and continues to work from that point until the police arrive.
If the police find a dashcam in the home of someone involved in the accident, then the data carrier must be confiscated to preserve the evidence. True to the motto: If I install a dashcam, I must be prepared to bear the consequences if the recordings speak against me! For the “Heinis” with the desire to file a complaint for violation of data protection, a small sticker would then perhaps be useful, which informs them that only during the trip the last 3 minutes are recorded. (If they are proficient in reading, it should help.) If in doubt, you can print such stickers yourself or order them on a website that offers the professional creation of your own stickers as you wish. The life sentence of the man convicted of the murder of politician Walter Lübcke is legally binding, the BGH ruled. The 2019 murder sent a wake-up call about far-right extremism in Germany. Think this to the end: 1. Dashcams are legalized 2. Insurance companies give discount to dashcam users >> More dashcam users >> insurance companies earn less than >> insurance rates are increased >> people without a camera simply pay more now What do you think these people are? It`s not the others, it`s you, whether it`s the camera you buy every 2 years or the increased insurance rate you can choose. Update: A recent high-profile court case confirmed the applicability of dashcam images to the court (in accident-related cases), but also confirmed the general non-legality of dashcams (not only sharing, but dashcams in general) – they can be semi-legal if configured to overwrite “short” loops (not defined by the court) and stop overwriting only when detecting accidents. Dashcams that only record are illegal.
Here we go again.. first see if something has been stored on the card, which can also prove partial guilt. Then it is better not to give up and take turns lying down until the beams bend. Either dashcam, then evaluation by impartial third parties or the subject can be left. The main thing is that others are to blame. So much for morality. if I`ve (also) built, I have to be able to stick to it. But this objection manifests itself once again perfectly, here it is only a question of playing to the maximum the possible advantage. And if it`s not one, I just let the disadvantage (now) disappear. Greetings of double standards.. Owning a dashcam is legal in Germany. Using a dashcam the way most are designed is very problematic, although prosecution may be unlikely.
The applicable rule is a general rule that theoretically allows fines of up to €300,000. Source (I think this simply means that in the worst case, you can be charged almost €1000, although even that would probably be considered completely disproportionate by most courts – for ordinary cases, that is.) Similar issues apply to wildlife protection cameras in public spaces (even if it`s your own property), unless you put up warning signs. Source (Most camera operators don`t want to do this because of the increased risk of theft.) Evidence from an illegally used dashcam is usually rejected in court, although admissibility rules in Germany are notoriously flexible and depend in part on the severity of the recording: if the recording proves that someone committed murder or not, it will likely be considered admissible. If he does not prove that the fault was a small traffic accident, it risks being excluded. source Why should a dashcam recording be illegal? Germany has very strict data protection regulations. The BGH said a recording violated German data protection law because people unrelated to the accident were filmed without giving their explicit consent. “Weapons only become dangerous when someone pulls the trigger.” If someone tried to demand such a “right to gun for all,” they would probably say, “The guy is crazy!” But the same reasoning is brought here for the legalization of dashcam. The difference may not be as big as you might think at first.
Because as long as everyone follows the rules, no one will be hurt. The decision clarifies a grey area of German law after concerns about dashcam registrations violated Germany`s strict data protection regulations. So, before legalizing anything, you must first make sure that it does not lead to even more violations of the law. In BGH, it was decided that dashcam recordings can be used as evidence in the accident process. However, the recordings violate data protection regulations, such as the right to informational self-determination and the general right of personality. Lawyer Frank W. Stroot explains: “With the decision, the BGH has said goodbye to the ban on the use of dashcam recordings in general. However, he left open what is now legally allowed. However, attaching a car camera is now generally allowed.
However, the permanent filming and storage of public road traffic without cause remains prohibited as they violate data protection (Art. 6 GDPR, § 4 BDSG). The use of dashcams in public spaces is therefore only allowed within narrow limits. The president of the German digital industry association Bitkom, Achim Berg, said the decision was a step in the right direction, but that drivers in Germany still face “legal uncertainties” as constant dashcam registrations remain illegal. If you only manually turn on the camera to record a specific event (accident or beautiful view), you are essentially on safe ground. If this is automated by the camera (the last few seconds are only written when the camera detects a crash), you also have a good chance that it will be considered legal and usable in court. Source But note that even taking photos with a regular camera of someone illegally walking their dog to document this crime was considered illegal in one case. Here in Thailand, auto insurers have now received instructions from the government, in the case of motor vehicles. with dashcam to give the holder a 10% discount on premiums! On Tuesday, the Federal Supreme Court will decide whether it is legal for federal agencies to store the IP addresses of Internet users who visit their websites. They say it is to protect us, but is it really the case? (15.05.2017) The normal legal problem with dashcams and animal cameras is the systematic and indiscriminate recording of everything, which can happen to include people going about their daily lives. Since The Russian highway code lags behind modern times, dashcams are not legal, but they are not illegal either. Due to the gray area, they are so coveted.
You can install a dashcam in your vehicle. The use is basically legal in Germany. However, the installed model must meet certain requirements. For example, road traffic cannot be filmed permanently and recordings must be deleted or overwritten within a set period of time. In order to ensure the recording related to the event, the camera must be equipped with sensors that only trigger certain vibrations or braking operations. This device is legal as long as you don`t post the video. If you wish, you need to pixelate license plates and faces.
