Dashcams are becoming increasingly popular in France to ensure enhanced safety in the event of a road incident. However, their use is surrounded by strict rules regarding privacy protection and the legality of their use as evidence. Find out what the law says and how to use a dashcam in full compliance.
Dashcams, although legal in France, must comply with certain restrictions imposed by law. According to Article 226-1 of the Penal Code, it is illegal to film people in private spaces without their consent, a violation punishable by a fine of up to €45,000 and one year of imprisonment.
On the other hand, filming public roads remains allowed, as long as individuals' privacy rights are not violated. To avoid legal issues, it is recommended to blur license plates and faces before sharing videos on the Internet or with third parties, in order to protect the personal information of individuals present in the recording.
The European Union's General Data Protection Regulation (GDPR) also applies to dashcams, as they capture potentially identifiable information. Under this regulation, recorded images must be used solely for personal purposes and not for commercial or public surveillance purposes. In the event of an accident, it is permissible to provide the footage to law enforcement for investigations, but these recordings must not be publicly disseminated. Thus, sharing these videos can be interpreted as a violation of privacy unless measures are taken to anonymize the individuals filmed.
One of the main attractions of dashcams for motorists is their potential to serve as evidence in accidents. In France, evidence from dashcams is accepted in criminal proceedings, where evidence is free, even allowing the use of videos obtained illicitly in some cases.
However, for civil disputes, such as those between insurance companies, the evidence must be legitimate and comply with data protection regulations. Some insurance companies encourage the use of dashcams to determine liability, although the impact on insurance costs remains low.
To use a dashcam legally in France, motorists must adhere to certain best practices:
1. **Disable audio recording**: To comply with privacy legislation, disable audio or obtain consent from passengers in the vehicle.
2. **Inform passengers**: When passengers are present, it is advisable to inform them of the dashcam's presence, ensuring transparency.
3. **Store data securely**: Recordings must be stored securely and should only be retained for as long as necessary for their purpose.
4. **Limit use to accident-prone situations**: It is preferable to use dashcams for safety situations, such as accidents or road incidents, without intentionally targeting individuals.
The National Commission on Informatics and Liberty (CNIL) could potentially further clarify the use of dashcams by imposing additional security measures, such as the periodic deletion of recorded data.
In the meantime, it recommends caution and self-regulation by users to avoid unintentional violations of others' privacy. These recommendations include limiting recording to specific situations and avoiding filming private spaces, such as residences or gardens, without necessity.
The use of dashcams in France is a legal practice but highly regulated. By adhering to data protection laws and usage recommendations, motorists can benefit from the additional security these devices offer while avoiding infringing on others' privacy. As the popularity of dashcams continues to grow, it is essential to stay informed about legislative developments and best practices for compliant use.
Author Audrey on 09 January 2024
Sports and Leisure : Team sports
Author Audrey on 03 May 2022
Sports and Leisure : Leisure