Dashcam Issues - GDPR & Data Protection

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iamaspinner

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Very interesting piece just now in Newstalk regarding dashcams and GDPR. I'd highly recommend it if you have one.
 
From the top of my head:

If you have a camera for insurance purposes, you cannot use the data for anything else, i.e. you can only use the data for its intended purpose.

E.g. if you have a dashcam for insurance and record somebody doing something funny on the footpath and then post it on social media, you are violating that person's privacy and that person can sue you.

If a person, e.g. pedestrian or cyclist, sees that they are being recorded on a dashcam, they can ask the owner the usual questions relating to the data, such as are they recording anything and if so what and for what purpose, where is it being stored, are they going to delete it and if so when. Apparently you do not have to have a written policy, but you have to be able to give answers, otherwise you can be sued.

Conversely I, as a driver, can ask a cyclist the same questions if I see a camera on their helmet...
 
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iamaspinner said:
Very interesting piece just now in Newstalk regarding dashcams and GDPR. I'd highly recommend it if you have one.
Click to expand...

As you have no personal data on the persons in other cars, GDPR doesn't apply.
GDPR ONLY applies to personal data. A car registration is not personal data. Very few dashcams would be able to pick out faces so there is no personal data to process.

As for OP, bully for you. I was the first car coming the opposite direction in an almost identical scenario in June 2006. By the grace of God, I was doing 10 mph slower than I normally would, and had a split second to swerve into the hard shoulder to avoid the retarded idiot coming straight for me on the wrong side of the road. Thankfully the 5 people behind me were also driving patiently and were able to take corrective action. On that occasion I was lucky, but I did not have time to take a mental note of anything but the vehicle type and colour. It is a good thing that you were able to catch the driver's registration.

In all honesty, there is an epidemic of driving on the wrong side of the road at the moment that would well benefit from a few court visits.
 
AFAIK if you’re in public, you’re in public, i.e. you don’t have privacy and anyone may photograph you.
 
lff12 said:
As you have no personal data on the persons in other cars, GDPR doesn't apply.
GDPR ONLY applies to personal data. A car registration is not personal data. Very few dashcams would be able to pick out faces so there is no personal data to process.
Click to expand...

The legislation covers a recognisable image of a person as being protected data. There doesn't need to be facial recognition of any sort taking place, if someone who knows the individual would recognise them when viewing the recording, that's covered.

A question on this interpretation in relation to dashcams came up in the EU Parliament where again it was confirmed that such recordings are covered under GDPR. If your dashcam can record with sufficient resolution to read number plates, then it will be recording recognisable images of faces in many cases where issues such as glare or reflection aren't an issue.
 
iamaspinner said:
From the top of my head:

If you have a camera for insurance purposes, you cannot use the data for anything else, i.e. you can only use the data for its intended purpose.

E.g. if you have a dashcam for insurance and record somebody doing something funny on the footpath and then post it on social media, you are violating that person's privacy and that person can sue you.

If a person, e.g. pedestrian or cyclist, sees that they are being recorded on a dashcam, they can ask the owner the usual questions relating to the data, such as are they recording anything and if so what and for what purpose, where is it being stored, are they going to delete it and if so when. Apparently you do not have to have a written policy, but you have to be able to give answers, otherwise you can be sued.

Conversely I, as a driver, can ask a cyclist the same questions if I see a camera on their helmet...
Click to expand...


Thats not even slightly true. Anyone can film anyone they like in a public setting and do as they like with it (non-commercially)
 
Magpie said:
Thats not even slightly true. Anyone can film anyone they like in a public setting and do as they like with it (non-commercially)
Click to expand...

You haven't read the GDPR legislation or the Data Protection Commission's guide on recording in public places then I take it?
 
not really understanding gdpr ,so a scenario if your dashcam is a witness to accident or robbery etc and garda request copy for their investigation
i assume there is not a gdpr issue with you just handing it over to them or even to a insurance company investigator ?
 
johnwilliams said:
not really understanding gdpr ,so a scenario if your dashcam is a witness to accident or robbery etc and garda request copy for their investigation
i assume there is not a gdpr issue with you just handing it over to them or even to a insurance company investigator ?
Click to expand...

You are advised to get a formal request from the Gardai in writing before handing over copies of the material, standard procedure for them at this stage. No issues with allowing a Garda view the footage on a device in your possession.
 
Expect most of conversation here is related to PERSONAL use of dashcam... the Data Protection Commissioner wouldn’t be following up on such issues - given their workload...

However - for BUSINESS use it would be a different story..., the employer will have to satisfy the GDPR requirements. Plus an individual who felt their image has been captured can make an Access Request to the business .., might be complicated for the business if no proper procedure in place.
 
cmalone said:
Expect most of conversation here is related to PERSONAL use of dashcam... the Data Protection Commissioner wouldn’t be following up on such issues - given their workload...

However - for BUSINESS use it would be a different story..., the employer will have to satisfy the GDPR requirements. Plus an individual who felt their image has been captured can make an Access Request to the business .., might be complicated for the business if no proper procedure in place.
Click to expand...

The legislation equally applies to private individuals' use of dashcams. There are other routes complainants could take, but I'd agree the chances are low.

Every business should already have robust GDPR procedures in place to handle the broad range of issues covered including staff past and present, customers, suppliers, etc.. ISME, IBEC, and others have produced guides, should be no excuse at this stage.
 
I recall some recent discussion on Radio 1 RTE about a discount being offered by an insurer for dashcam use. Regret I didn’t hear the full report. I wonder if GDPR compliance guidance has been provided by the insurer ?
 
cmalone said:
I recall some recent discussion on Radio 1 RTE about a discount being offered by an insurer for dashcam use. Regret I didn’t hear the full report. I wonder if GDPR compliance guidance has been provided by the insurer ?
Click to expand...

The insurer aren't holding the data, so no issues for them unless they request copies in relation to a claim. Concerns were raised in relation to that offer.
 
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