Dash Cam Question

Discussion in 'Motorhome Chat' started by Ninovan, Mar 20, 2015.

  1. Ninovan

    Ninovan Funster

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    I was having a "discussion" today over lunch about dash cams and the person I was talking to swore blind that you have to have a visible notice displaying the fact that you have CCTV in use in order for any footage to be accepted by the courts as evidence. I have never heard of this before. Was he right? Thanks.

    Chris
     
  2. Old Soldier

    Old Soldier Funster

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    It would not surprise me these days but not heard of it myself....yet!!
     
  3. SMB

    SMB Funster

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    Interesting....I don't know but would like to
     
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  4. pappajohn

    pappajohn Funster Life Member

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    How many vehicles have you seen displaying a warning sign.
    How would the courts know whether a sign was displayed or not ?

    I say the person is wrong....and right technically.
    he probably means for personal data protection purposes.
     
  5. ojibway

    ojibway Funster

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    Sounds like a load of rubbish but it wouldn't be surprise me!
    We don't want to infringe anybody's rights even if they take a sledge hammer to your vehicle or falsely deny responsibility in an accident.
    I have one in the MH and in our car or falsely
     
  6. SMB

    SMB Funster

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    Just had a look on Wikipedia, illegal to use them in Austria, inadmissible in court in Germany
     
  7. SMB

    SMB Funster

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  8. tonyidle

    tonyidle Funster

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  9. DanielFord

    DanielFord Funster

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    I think your friend is getting confused by a clause in the Data Protection Act, which requires businesses to clearly display warnings if cctv is being used and the video is being stored.

    There are no such restrictions for filming in a public place, you may record whatever you like and you may store the film in whatever medium you like. This would cover a dashcam, since you will be on the public highway.
     
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  10. GJH

    GJH Funster Life Member

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    Ask your friend to point you to the specific clause of the legislation in question. It is certainly not a contravention of the DPA (speaking as an ex DP officer).
     
  11. Allanm

    Allanm Funster

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    "A dashcam video that indicates you were at fault certainly could be used by the other party against you. If you delete the video an adverse inference could be drawn from that act."
    That bit sounds like rubbish to me..........how is anyone ever going to prove what was on the dash cam unless the other party or a witness had already seen it.
    Sounds like it was written by someone with little experience of real life.
    First things I would do in a crash that I caused would be to eat the sd card from the camera and rip off the "How am I driving" sticker

    Allan
     
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  12. pappajohn

    pappajohn Funster Life Member

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    Police forensics can recover data from an erased computer hard drive.
     
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  13. Reallyretired

    Reallyretired Funster

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    I have a cctv warning in my Disco because the camera in it also films the interior. I have this because on 4x4 response work I sometimes will carry passengers who are strangers to me and I don't want any untrue accusations of misdoing.

    My other vehicles have cameras that just work forwards and they have no signs.
     
  14. bernardfeay

    bernardfeay Read Only Funster

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    I understand our court system works on precedents. That means the law and or judgements move with the wisdom of our judges. If a judge makes a decision he gives his reasoning and that is open to conjecture by higher authorities. If his view prevails then it is quoted in future cases. So, if the judge considers that the evidence in front of him is admissible then he takes it into account. If, on the other hand, he feels that the other party has been disadvantaged by this evidence then he does not allow it.
     
  15. Bertie Bassett

    Bertie Bassett Read Only Funster

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    What? Like a member of the legal profession you mean :D............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... (Chris, there are obvious exceptions old chum(y))
     
  16. robnchris

    robnchris Funster

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    There was a cyclist on the radio a couple of weeks ago that had 3 cameras on his person/bike, he not only filmed motorists jumping lights, using a mobile phone whilst driving or driving too close to him but also had 70 odd convictions attributed to his films being passed on to the police.
    He didn`t have any such notices attached, so I`m going for you don`t have to display any such notice.
     
  17. tonyidle

    tonyidle Funster

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    Why? If I expect an honest account of an accident by anyone else involved the least I'd do is give one myself and include any evidence I had. Being honest does in general work in your favour even if the fault is yours.
     
  18. tonyidle

    tonyidle Funster

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    Quite. It is no different to using a video or still camera to take videos or photos. As long as you're in a public place there's no issue.
     
  19. GJH

    GJH Funster Life Member

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    That is a different situation as far as the DPA is concerned. In a work situation the data controller is the business owner and any images recorded are subject to the business's registration criteria. Where we are recording images for our own use the S36 exemption (Domestic purposes) comes into play.
     
  20. DanielFord

    DanielFord Funster

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    Quite, that is what I was trying to say, but in much more eloquent terms.
    I doubt that the friend will be able to quote any legislation, in my experience, the DP act is the most often quoted and least understood pieces of legislation we have in this country :) (I'm sure you experienced that in you role)
     
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