Slide 1. Introduction.
The class develops when recordings from a vehicle's front camera can be used, their usefulness, and the implications for fleet management.
Slide 2. Car dashcam.
- Advantages of the dashcam.
These types of cameras, known as dashcams, have become increasingly common, and in many countries, laws have been established to facilitate their use by drivers. In fact, in countries such as Russia, Taiwan, and South Korea, their use is mandatory, as they provide evidence in the event of an accident, which helps prevent fraud by pedestrians who throw themselves in front of cars and also saves paperwork in the event of an accident.
The advantages of using a front camera in a fleet are as follows:
- Traffic accidents.
Record the accident to have evidence for the insurance company of how the accident happened and who was at fault, so you know who has to pay.
- Driver monitoring.
To monitor certain drivers who have a high number of accidents compared to other drivers.
- Vandalism.
Record the incident of vandalism to find out how it happened and possibly who did it, as well as to prevent vandalism due to the presence of the camera.
- Theft.
Record the theft to find out how it happened and possibly identify who did it, as well as deterring potential theft by the presence of the camera.
The case of Spain is developed below; legislation and the use of front cameras can vary greatly between countries.
- Legality of camera use.
The General Directorate of Traffic (DGT) permits the use of cameras inside cars and does not raise any objections, provided that the General Traffic Regulations are complied with and that no items are placed on the windshield that obstruct the driver's view of other elements on the road.
Both the Spanish Data Protection Agency (AEPD) in its report 0456/2015 and the General Data Protection Regulation (GDPR) in its article 6.1.f allow anyone to install a camera in their vehicle if there is a legitimate purpose, such as preventing theft, vandalism, or damage.
The Agency has concluded in a legal report that recordings can be made, but with caution and applying the principle of minimization; that is, recording should only be done in the event of a specific incident, with manual activation, and only external images from the front of the vehicle.
In conclusion, there is no ban on carrying cameras in cars in Spain, although the DGT makes some recommendations on their use. If used correctly, they can help improve road safety and clarify certain accidents.
- Legal requirements for use.
These are the legal requirements for carrying a dashcam.
- It is legal if used for a legitimate purpose.
For example, to protect your vehicle from vandalism, such as when it is being scratched or damaged.
- Correct and safe installation.
The camera must be positioned so that it does not obstruct the driver's view and must be properly secured to prevent it from falling or becoming a projectile in the event of an accident. Likewise, the cables must be hidden so as not to interfere with driving, and the camera must not be installed in a visible position on the outside.
- Camera field of view.
Dashcams can only record from the front of the vehicle, so recording from other directions is not permitted. They only focus on your car and its immediate surroundings, without capturing wide sidewalks, doorways, homes, or other unrelated areas.
- Time limit per clip.
Cameras must automatically record incidents by creating clips that include 20 seconds before and after the accident or action to be documented.
Continuous recording with the car camera is not permitted, as this would be considered video surveillance of public roads, for which only certain entities, in addition to the State Security Forces and Corps, are authorized. For example, if you use a continuous recording of the road showing the license plates of other vehicles to defend yourself against a traffic ticket, you could be violating data protection laws, which would constitute a serious offense punishable by a fine of up to €300,000.
For this reason, car cameras are configured to only record at specific moments, when a motion sensor or accelerometer is activated. In fact, some cars already come factory-equipped with sentry cameras that activate when the car is parked and activity is detected by motion sensors or the geolocation system.
- Sound.
Audio recording is prohibited, so the camera must have the option to disable sound. If the recorded material is used, the audio track must be disabled.
- Editing.
In addition, faces and license plates can be easily deleted from a recorded video, which is necessary to comply with data protection regulations.
- Recordings cannot be disseminated or shared.
Except with the police or in legal proceedings. Publishing them on social media is illegal.
- It is not necessary to put up a warning sign.
However, it is recommended to put one inside the car to prevent conflicts.
- It is not necessary to register the camera or register it as a video surveillance system.
If it is for strictly personal, non-permanent, and non-professional use.
- The use of the camera is covered by legitimate interest.
Provided that the fundamental rights of other people are not violated.
- Images should only be kept for as long as is strictly necessary.
For example, to report damage and provide evidence. Afterwards, they must be deleted.
No special permissions are required, nor is it necessary to register anything with the Spanish Data Protection Agency if the use is personal, occasional, and the images are not used for other purposes.
- Requirements for the legal use of car surveillance cameras.
It is not enough to simply install the camera; it must also be configured and used correctly.
Here are the steps you need to follow to comply with the law:
- Place the camera inside the vehicle, for example, on the dashboard or headrest, and adjust the frame to record only the area closest to your car.
- Adjust the frame to record only the area closest to your car.
- Set the camera to record only when there is movement or impact.
- Delete the recordings if no incident has occurred.
- Do not upload the videos to social media or share them with other people.
- Turn off the microphone, unless the sounds are low in intensity.
- The best camera for legally monitoring your car.
Not all cameras are suitable for recording. If you want to protect your vehicle and act within the law, look for models with these features.
- Proximity motion sensor so that it only records when there is movement.Undetectable night vision.
- Wide angle, but only faces close to the car are visible.
- Loop recording and local storage.
- External battery power without installation.
- Sufficient quality to clearly capture anyone close to the car.
- Stamps the date and time on the videos.
- Has a screen for pointing and configuring.
- Advantage with insurance.
In the event of an accident, the images could be used as evidence, but each case must be evaluated individually. The final decision depends on the judge examining the case. If the images only show the moment of the accident and are presented as documentary evidence to claim the other driver's guilt, they can be used in the defense by arguing the legitimate interest of the recording and the right to effective judicial protection.
In addition, the recovered images must be without sound and cannot exceed 20 seconds before and after the moment of the incident.
Images captured by a dashcam can be used privately or as audiovisual resources, provided that the following conditions are met.
- Pixelating the faces and license plates of third parties.
- With certain cuts and edits, removing third parties from the video in question.
The images cannot be published on social media or in any public place without express consent, as this would be a violation of the privacy of third parties. This is even more important if, in doing so, someone is falsely accused of a crime, as this could constitute a crime of violation of honor and image, and even slander and libel, punishable by imprisonment for six months to two years or a fine of twelve to twenty-four months.
- What are the fines?.
In some traffic fines, the situation is more delicate and depends on the type of recording and how it was obtained.
These are the situations in which someone can be fined:
- Obstructing visibility.
Placing the camera in an inappropriate location can limit the driver's vision, which constitutes a minor offense.
- Manipulating the camera while driving.
Touching the camera while driving is considered a serious offense, resulting in a fine and points being deducted from the driver's license.
- Illegal use of images.
Sharing images that could defame third parties can result in serious fines. If the road and other license plates are continuously displayed in addition to the vehicle, this could constitute a violation of the Data Protection Act. Although the images can be used as a defense, care must be taken in the event of possible complaints from other drivers to the Spanish Data Protection Agency. This is considered a serious offense and can be punished with fines of up to €300,000.
- Implications for fleet management.
The main consequence is cost savings and a reduction in traffic accidents by understanding how traffic accidents occur and implementing measures to prevent them from happening again. Furthermore, if we were not at fault for the accident, the other party's insurance has to cover the cost of our repairs. The downside is the cost of the cameras.
- Number of traffic accidents
Urban fleets have the most incidents and accidents, so the use of cameras may be recommended to find out how the accident happened.
Fleets that travel long distances outside urban areas, such as freight transport, tend to have few incidents and accidents, but when one does occur, it is usually very serious, and the use of cameras is not as useful as in urban fleets.
- Vehicle fleets.
In fleets where vehicles are parked in our car park, the use of cameras is recommended to record traffic accidents.
In fleets where vehicles are parked on the street, such as car sharing in cities, or mobility, the use of cameras is recommended to find out who causes damage to vehicles and to prevent theft.
- Driver monitoring.
To monitor certain drivers who have a high number of accidents compared to other drivers, and to find out if they are at fault in the accidents.
To compare drivers, they must perform the same service, with the same type of vehicle, on the same routes or in the same geographical areas.
You cannot compare drivers who drive in urban areas with those who drive on highways, or trucks with passenger cars.
If there are drivers who have many accidents, appropriate measures must be taken, such as providing training to reduce accidents.
- Insurance fraud.
In countries with high insurance fraud, where pedestrians throw themselves in front of our cars or accidents are caused on purpose to collect insurance money, the use of cameras is recommended.
- Use of cameras.
The use of cameras depends on the characteristics of each fleet. For example, if it is an urban fleet with many incidents and accidents, especially involving pedestrians, the use of cameras is recommended.
If the fleet does not have many incidents and accidents, and those that do occur are resolved satisfactorily, the use of cameras does not make much sense.
The time required to process and edit the accident video must be taken into account so that it complies with the law and can be presented as evidence.
- Driver training.
Drivers must be trained on what the cameras are, how they work, what they record, what to do in the event of an accident, and the possible fines.
It is important to communicate to drivers that the cameras are not there to record them, and that they are not grounds for dismissal or penalties for the driver.
In my experience, drivers and unions do not want cameras installed in case they can be fired for causing accidents.
- Training for workshop mechanics.
Our workshop mechanics need to be trained on how to install the cameras, where to install them in the vehicle, etc.
- Place a sign or sticker on the vehicle windshield.
It is recommended that one be placed inside the car to prevent conflicts such as the following.
“Vehicle protected by a video surveillance camera for cars.” The images are captured for security purposes, in accordance with Article 6.1.f of Regulation (EU) 2016/679 (GDPR). The recordings are not disseminated or shared and will be used exclusively in the event of an incident.
This sign reinforces your good intentions, acts as a deterrent, and can prevent unnecessary conflicts.
- Privacy.
Fleet managers, in their role as data controllers, have full control over the management of recorded videos, so they can delete them at any time, schedule their automatic deletion, or keep them for a period of time if there is a legal justification. This data should not be shared with third parties unless required by law.
- Data cybersecurity.
The management of data generated by cameras requires the implementation of protocols that guarantee confidentiality and prevent unauthorized access. The most common measures include encrypting information both in transit and at rest, using digitally verified software updates, and implementing role-based access controls to limit who can view the records.
Regular security audits and compliance with recognized international certifications, such as ISO 27001 or SOC 2, can also be added.
All of this allows the information collected by dashcams to be used safely, protecting both the driver and the fleet.
Slide 3. Thank you for your time.
The class has developed when recordings from a vehicle's front camera can be used and the implications for fleet management, see you soon.
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