Surely you have ever considered if it is legal to carry a dashcam installed on the dashboard of the car. After talking with the DGT on this issue we have reached a conclusion and that is neither legal, nor is it illegal, nor quite the contrary; everything depends on the use you make of it.
The dashcam are small video cameras prepared to be installed inside the car to record what happens while driving. They are the culprits of that of a time to this part Youtube is plagued of videos of accidents of car and attitudes more or less reprehensible to the steering wheel (there are those that have been recorded surpassing by much the limits of speed and have been fined for it).
Normally they are sold accompanied by a suction cup to stick them in the front glass , although there are those who want to have several points of view and place one in front and one in the rear window (by the way, in this link you have a few examples of cameras for sale in eBay).
Are the ‘dashcam’ legal in Spain?
In countries like Russia, the use of dashcam in the car is not only legal; It is also mandatory . To reduce the high rates of police corruption and insurance fraud (mostly simulated abuses), the Russian government decided that the cars had cameras installed on the dashboard to purge responsibilities.
In Spain, however, there is a legal vacuum in this regard. As explained by the DGT, in our country it is legal you can take a camera installed on the car’s dashboard, but depending on the use that is given will be legal or not.
The cameras that are placed inside the cars collide with the right to privacy that in Spain is very protected. It happens that if we stick to those who say the laws of data protection, the installation of private cameras that record the public way is not possible, unless that recording is done in a domestic and limited way. That is, you can place a dashcam in your car record what happens while driving but you can not, for example, use it as evidence in case of accident.
In the last issue of its magazine, Traffic reminds that there is an organic law that specifies that “the recording of images in public places is the exclusive competence of the Security Forces and, although it recognizes the right of any person to make domestic recordings in the public road, considers that the capturing of images of traffic circumstances on a continuous basis would be adjusted to the concept of surveillance and not to domestic use, and therefore would not be legal “.
Faced with this, there are lawyers who defend that the legitimate interest must be above the privacy of the people and that it must be the judge who assesses in each case whether or not he accepts the images taken with a dashcam as evidence in a trial.
The defense lawyers of this position do remember that in the case of taking images on the public road the faces and identifiable data (including the smtricles) of the people and cars not involved in the accident should appear blurred and that their diffusion on social networks is illegal.
From the DGT say that the issue is on the table and, for now, there is no official position on the matter but do remember that manipulating a camera installed on the dashboard with the car underway itself as a penalty (in the same way as you can not touch browsers or mobiles).