If you've ever asked the question of whether or not you can use a camera to record while driving, chances are you've seen one of those Russian videos that someone avoids an accident or a pedestrian miracle simulates a collision. While in Russia the use of dashcam (Cameras action good image quality, viewing angle and much recording cycle erasing the recorded every few minutes) is fully permitted, in Spain the situation is different.
Legislation recording images public roads while driving or to monitor our vehicle when we're not in it, and the use we make of them is very diffuse and depends largely on the situation and the context that surrounds it. Xataca's blog technology has even contacted two lawyers who have failed to clarify the problem, because of the difficulty in differentiating or when we, or not, to a crime.
To start, We will make no distinction on the two types of camera that you can install in our vehicle: the continuous recording and recorded only when the car is turned on.
Continuous recording cameras
With very few exceptions, the use of these cameras is completely illegal and also that your images can not serve as evidence in a trial, they could even bring us a major problem, like having to pay a heavy fine.
The Spanish Agency for Data Protection (AEPD) understands that continuous recording of the camera when the car is parked and the driver is not found inside is a clear case of video surveillance. Therefore recalls that such recordings third street and can only be carried out by the Forces of State Security or by those cameras that have the relevant announcement of the company responsible for recording and contact details for poderte to contact them and claim our rights if necessary.
Continuous recording of the street and therefore third is illegal but our car will end up being the victim of an act of vandalism, as it is considered that the appearance of all those who appear in the images during recording, first, do not have the information being recorded, and second the presence of any outsider does not justify vandalism as a means of recording the identity of anyone who has attacked our vehicle.
Cameras on board
Once we have seen continuous recording cameras, we analyze the situation of those who only record images when your car is on. While the illegality of the above is clearer, the legal status of these latter is in the air.
In case of trial, the AEPD only intervene if it considers that has violated the right to privacy of the person recorded and to this end, said three values to consider: their use, their justification and proportionality.
As we have explained, these cameras, so fashionable in Russia and serve as irrefutable proof of guilt in accidents or before the simulation outrages, are designed to overwrite all files as cycle memory card is full, unless we select ourselves that we do not want to be deleted or the camera detects a strong impact. In this way, It is capable of safeguarding the images of an accident although be running after the crash and therefore recording.
In Spain, however, it must take into account the three above factors when proposing these images as evidence in a trial. The first that we must be clear is the use we are going to give these images. We can not use them to third parties or upload reproducírselas Internet whenever a person or car where enrollment is identified are recorded, limiting their reproduction to home ballpark.
If, on the other hand, we do not reproduce these images to third parties and are only used as evidence in a trial to discern guilt in an accident, the judge may admit us to the recording process. own Organic Law 4/1997 notes that there is no need to ask permission from the person recorded whenever the recipient of the recording is the Ombudsman, the Prosecutor (judges or courts) Ministry and the Court of Auditors. This rules out insurance, those who most need these images in the Russian cases.
Refering to justification on recording, it is the judge himself who has to study whether it is necessary. We put two examples, in an accident without cameras or witnesses, the judge himself can understand that recording is more than justified and that the use of the camera for this purpose is absolutely necessary. However, you can also think totally different if there are cameras around to record what happened or eyewitnesses who can point out what has happened.
The second example is Attempts to defraud the insurance simulating a false outrage. The proliferation of this crime pushed the Russian authorities to allow installation of these cameras in cars and even there are times in which insurance they consider essential for any claim. In our country, a judge can understand that this criminal act is not widespread, so recording camera would be unjustified and would only have obtained images of an event for which was not settled.
By last, if we want our camera images are admitted at trial, we must demonstrate the proportionality of making the recording. The judge may consider that we have exceeded when performing continuous recording since the car is turned on until turned off. The anticipation of a possible accident, damage to the vehicle or simulation of collision can not be considered sufficient if the judge argues that no previous for recording purposes and, therefore, the AEPD may indicate that we are carrying out action video surveillance.
So what is legal or not mount a camera in the car?
It all depends on the type of recording you make and why and how to use the recorded images. Having a camera to record permanently regardless of whether the car is running or not is, except in very rare cases illegal. If, on the other hand, we made recordings in motion with cameras that are only put into operation when we turn our vehicle and do not reproduce before third parties or got Internet, we should have no problem, but be careful when presenting in court, because our supposed proof can turn on us and give us an upset if the AEPD think we are doing a work of video surveillance.
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