Dashcam Illegality in Europe (1 Viewer)

Oct 7, 2013
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So, we have a system which adds to safety, helps to resolve legal disputes, and provides this Forum with good guides to finding Aires etc, and now they want to ban it.:xsurprised:

I think I might retire to a Monastery. At least they might make a decent beer to help me forget such idiocy.
 

Allanm

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Well obviously, our dashcams are used exclusively for privately recorded videos of scenic road trips, until some bugger drives into me or tries to claim I ran into them.....

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Emmit

Emmit

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So, we have a system which adds to safety, helps to resolve legal disputes, and provides this Forum with good guides to finding Aires etc, and now they want to ban it.:xsurprised:

I think I might retire to a Monastery. At least they might make a decent beer to help me forget such idiocy.
Don't get the Monk on. It can't be as bad as all that. At least we're not all Chanting from the same hymnbook? Ouch!
 
May 8, 2016
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Just ONE MORE reason to be out of the EU?. There is more navel gazing done in Brussels that any where else in the world, maybe they dont want to run the risk of being caught out?
Hate to get embroiled in any EU issues, and I don't disagree with the sentiments, but I think you'll find that the use of dashcams were deemed unlawful in the UK until the EU forced us to sign up to the UN Declaration of Human Rights

It's a storm in a teacup, it seems data protection laws do not apply - according to the Information Commissioner:-

Under the Data Protection Act 1998 (DPA), Section 36, there is an exemption which states that “personal data are exempt from the Data Protection Principles and the provisions of Part II (individuals’ rights) and Part III (notification) of the Act where they are processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes).”

This means that an individual can carry out covert recordings without being in breach of the DPA as long as the information is for their own personal and domestic use.


https://www.whatdotheyknow.com/request/no_legal_reasons_a_member_of_the

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Oct 7, 2013
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Just ONE MORE reason to be out of the EU?. There is more navel gazing done in Brussels that any where else in the world, maybe they dont want to run the risk of being caught out?
I reckon that someone in Brussels said....

"Let's throw so many stupid regulations at them that they can't keep up. We'll only be here for a few years. We can make some money before they get wise to us and then be gone, with our money in a nice safe tax haven".
 
Oct 7, 2013
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It isn't the EU banning it though ,is it ? It is individual countries.
No, it's not the EU, but they devised the infamous "Six Pack" of Health and Safety rules that has led to it.

Nevertheless, EU inspired or not, there seems little justification for such a ban.
 
May 8, 2016
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I reckon that someone in Brussels said....

"Let's throw so many stupid regulations at them that they can't keep up. We'll only be here for a few years. We can make some money before they get wise to us and then be gone, with our money in a nice safe tax haven".
What, like:

The introduction of Human Rights?
Meaningful consumer protection (including air travel)?
The sex offender's register?
The right to refuse to provide information that leads to your prosecution?
The end of double taxation?
An end to currency restrictions?
Freedom of Information?
Data Protection?

They're not all bad, and most of those are a significant improvement on what we previously had

Let's never allow the facts to obscure a good rant at the EU, even though this has absolutely nothing to do with that subject. So much anger :xeek:

Getting back on topic, the ban is a national issue, specific to Austria, and contravenes the EU imposed exemptions “personal data are exempt from the Data Protection Principles and the provisions of Part II (individuals’ rights) and Part III (notification) of the Act where they are processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes).”
 

Anthea M

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What, like:

The introduction of Human Rights?
Meaningful consumer protection (including air travel)?
The sex offender's register?
The right to refuse to provide information that leads to your prosecution?
The end of double taxation?
An end to currency restrictions?
Freedom of Information?
Data Protection?

They're not all bad, and most of those are a significant improvement on what we previously had

Let's never allow the facts to obscure a good rant at the EU, even though this has absolutely nothing to do with that subject. So much anger :xeek:

Getting back on topic, the ban is a national issue, specific to Austria, and contravenes the EU imposed exemptions “personal data are exempt from the Data Protection Principles and the provisions of Part II (individuals’ rights) and Part III (notification) of the Act where they are processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes).”
I think I'm getting a dash cam for my special birthday!! But it's a secret!!!:xwink: I'm not supposed to know!!

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Feb 22, 2008
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I think you will find that we will still have to comply with their rules/laws when over there.

regards
Nik.


Yes , but at least we should be able to go our own way over here although we do have our share of chinless wonders in politics and civil service.
 
May 29, 2013
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Our German friends did tell us it's pointless them having a dash cam as the Courts don't seem to accept them.

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PeteH

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It isn't the EU banning it though ,is it ? It is individual countries.

I suppose strictly speaking you are correct, And at a guess it will be the legal profession who would be opposed?. When you think about it, they have most to lose, because the camera makes an open and shut case, so no need for expensive lawyers then? just show the film to a Jury and bingo convicted.
 

DanielFord

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Hate to get embroiled in any EU issues, and I don't disagree with the sentiments, but I think you'll find that the use of dashcams were deemed unlawful in the UK until the EU forced us to sign up to the UN Declaration of Human Rights
You may wish to check your facts a little. The Universal declaration of human rights (which I assume is what you mean, since there is no such thing as the UN Declaration of Human Rights) was penned by a team of British Lawyers shortly after the end of the second world war. It was then accepted by the rest of the UN, and later the EU, so you could argue that the UK forced the ECHR on the rest of the world rather than vice versa.

Anyway, as previously pointed out, this has exactly nothing to do with the EU, as is the case with most things that people complain about the EU aren't.

It is almost as if the individual member states of the EU were free to make their own laws :whistle:

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May 8, 2016
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I suppose strictly speaking you are correct, And at a guess it will be the legal profession who would be opposed?. When you think about it, they have most to lose, because the camera makes an open and shut case, so no need for expensive lawyers then? just show the film to a Jury and bingo convicted.
Strangely enough, the people who profit most out of crime are those perpetrating it, and the legal profession is generally pretty happy to take a fee to attend court armed with pretty conclusive evidence and walk out 30 minutes later with a result

Thus isn't an EU related situation, so I don't know why people are making that connection. We have more than enough chinless wonders of our own making unenforceable laws and a mountain out of a molehill over heath and safety, as @Larrynwin says
 

GWAYGWAY

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My dashcam is only for my personal use as a reminder of where I went!!!!!!!!!!!!!
However I do have a bit where a kid ran out with his bike and fell over it into the road RIGHT in front of me, had I hit and killed him I would only have that as evidence showing what happened. BUT I understand that it is unregistered and therefore NOT available in my defence in Court. seems a bit odd that, the Police use cameras all the time and they can use theirs.
As I cannot edit the film it goes on a bit so I cannot put in on here but it does show what can happen.
 
Oct 7, 2013
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What, like:

The introduction of Human Rights?
Meaningful consumer protection (including air travel)?
The sex offender's register?
The right to refuse to provide information that leads to your prosecution?
The end of double taxation?
An end to currency restrictions?
Freedom of Information?
Data Protection?

They're not all bad, and most of those are a significant improvement on what we previously had

Let's never allow the facts to obscure a good rant at the EU, even though this has absolutely nothing to do with that subject. So much anger :xeek:

Getting back on topic, the ban is a national issue, specific to Austria, and contravenes the EU imposed exemptions “personal data are exempt from the Data Protection Principles and the provisions of Part II (individuals’ rights) and Part III (notification) of the Act where they are processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes).”
I accepted that the edict did not come from the EU, however, if you want to have "a good rant" feel free.

I have just received news that a close friend has died. Just got the message 30 minutes after posting a Christmas card to him and his family!:(

Everything else pales into insignificance compared to that.

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Last edited:

PeteH

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Now though despite it not being "legal". It could be published on-line to show JUST how stupid the "law" is. Whoever stated the "law is an Ass" sure knew what he? she was talking about!. And besides, I like taking the proverbial out of the morons that rule.
 

Silver-Fox

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My dashcam is only for my personal use as a reminder of where I went!!!!!!!!!!!!!
However I do have a bit where a kid ran out with his bike and fell over it into the road RIGHT in front of me, had I hit and killed him I would only have that as evidence showing what happened. BUT I understand that it is unregistered and therefore NOT available in my defence in Court. seems a bit odd that, the Police use cameras all the time and they can use theirs.
As I cannot edit the film it goes on a bit so I cannot put in on here but it does show what can happen.

It has been known for the Police to confiscate the card from riders/car drivers who have committed a road traffic offence and used the footage as evidence in prosecution.
 

DanielFord

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It has been known for the Police to confiscate the card from riders/car drivers who have committed a road traffic offence and used the footage as evidence in prosecution.
Seems fair to me! Confiscation establishes a chain of custody, and thus improves admissibility in court.

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magicsurfbus

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As far as I know, you can't legally install CCTV for home security if it overlooks a neighbour's property, so to a certain extent I can see why there might be concern about dashcams and privacy.

Say for example you're a service engineer who's called fix something at a Naturist camp and you leave your dashcam on because it's your company's policy. Can anyone object?

There's a mistaken belief that if you've got a portable photographic device you can use it anywhere you like and publish the results online. A good example is schoolkids filming other kids being bullied in school then putting it on YouTube. Happens all the time.

If dashcams are allowed for personal and private use only in a given country, could you be breaking their law by using YouTube to publish footage of the approach to an aire/stellplatz?

I haven't a clue, but it shows how the law hasn't yet caught up with the technology, as is always the case.
 

magicsurfbus

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It has been known for the Police to confiscate the card from riders/car drivers who have committed a road traffic offence and used the footage as evidence in prosecution.

Presumably with a warrant? Surely dodgy legal ground if not.
 

DanielFord

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Presumably with a warrant? Surely dodgy legal ground if not.
No, we aren't in America. The police will investigate and secure all evidence they deem to be pertinent to a crime. No warrant required, it would be quite farcical if they did.
Picture the scenario, a police officer is following a car he believes to be driven by a drunk driver. Out of sight (perhaps around a corner) the car crashes. The incident is not on the police camera, but upon arresting the driver he spots the dashcam. Is it reasonable that he has to wait for the next magistrates court sitting to obtain a warrant to get hold of the card, in the meantime, the offenders friends have visited the car and helped themselves to the card. Or does the officer seize the card there and then and PACE regulations?

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PeteH

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Lots of things are At least borderline legal wise?. However common sense would dictate that if you had been overtaken (say) and then the vehicle slammed on the brakes with no brake lights (as has happened). Your Insurers Might well be interested from the point of being able to refute a claim!. And the police would be remiss if they did not use said evidence to prosecute for dangerous driving and or Fraud?. It was known as the "whiplash" scam and was (mostly) perpetrated by East European "Migrants" (at least around Hull it was!).
 

PhilG

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You may wish to check your facts a little. The Universal declaration of human rights (which I assume is what you mean, since there is no such thing as the UN Declaration of Human Rights) was penned by a team of British Lawyers shortly after the end of the second world war. It was then accepted by the rest of the UN, and later the EU, so you could argue that the UK forced the ECHR on the rest of the world rather than vice versa.

Anyway, as previously pointed out, this has exactly nothing to do with the EU, as is the case with most things that people complain about the EU aren't.

It is almost as if the individual member states of the EU were free to make their own laws :whistle:

dont come here with your well researched facts....
 

Silver-Fox

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Presumably with a warrant? Surely dodgy legal ground if not.


My understanding is if the Police have reasonable suspicion of an offence they can remove/arrest you.
I think a search of the vehicle can then be done without need of a warrant and incriminating evidence can be gathered.

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