Dash Cams - illegal?
Author
Discussion

PixelpeepS3

Original Poster:

9,004 posts

172 months

Thursday 23rd November 2017
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Not sure if this has been covered but are dashcams with screens illegal for use while driving?

I thought that you couldn't have a screen visible to the driver that shows anything other than an 'aid' for the driver (information/navigation)?

Stormfly1985

2,855 posts

196 months

Thursday 23rd November 2017
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I'd imagine it's the same as parking cameras and therefore perfectly fine (unless it's right in the middle of your vision!) Most of them blank the screen after a few seconds anyway.

Lopey

262 posts

128 months

Thursday 23rd November 2017
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Some do display extra information, like lane departure lines and speed, so I'd imagine these are legal even of the screens didn't switch off.

98elise

32,663 posts

191 months

Thursday 23rd November 2017
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PixelpeepS3 said:
Not sure if this has been covered but are dashcams with screens illegal for use while driving?

I thought that you couldn't have a screen visible to the driver that shows anything other than an 'aid' for the driver (information/navigation)?
Its perfectly legal to have your phone visible as long as you are not holding it. Loads of cars also have of entertainment systems with screens.

Boosted LS1

21,200 posts

290 months

Thursday 23rd November 2017
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With all these in car distractions you can see why we're headed for driverless cars. Nowadays it's like wafting along in your lounge.

a.lex

165 posts

107 months

Thursday 30th November 2017
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Some other European countries seem to consider it illegal to use a dash cam, whether in view of the driver or not. Privacy issues...

EU_Foreigner

2,838 posts

256 months

Friday 1st December 2017
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a.lex said:
Some other European countries seem to consider it illegal to use a dash cam, whether in view of the driver or not. Privacy issues...
Whilst the UK police love them for prosecuting drivers for minor infringements caught on other car's dash cams.

AllyBassman

779 posts

142 months

Friday 1st December 2017
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EU_Foreigner said:
Whilst the UK police love them for prosecuting drivers for minor infringements caught on other car's dash cams.
Yup, some bd truck driver dobbed me in for crossing a solid white line. Bang to rights, I don't dispute that...but come on! I've got a dashcam of my own, i've been tempted to dob people in for dickish driving, but in reality I can't be arsed.

EU_Foreigner

2,838 posts

256 months

Friday 1st December 2017
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My daughter had the same, overtaking a slow moving / crawling vehicle but was returning over a solid line. Absolute offense but really ??

jesta1865

3,453 posts

239 months

Friday 1st December 2017
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EU_Foreigner said:
My daughter had the same, overtaking a slow moving/crawling vehicle but was returning over a solid line. Absolute offense but really ??
I stand to be corrected, but I thought it was ok if the obstruction was stationary or traveling below a certain speed?

I don't know what that speed is though, and I could be monumentally wrong.

I ANAL in fact I barely qualify as an adult.

eltawater

3,510 posts

209 months

Friday 1st December 2017
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jesta1865 said:
EU_Foreigner said:
My daughter had the same, overtaking a slow moving/crawling vehicle but was returning over a solid line. Absolute offense but really ??
I stand to be corrected, but I thought it was ok if the obstruction was stationary or traveling below a certain speed?

I don't know what that speed is though, and I could be monumentally wrong.

I ANAL in fact I barely qualify as an adult.
https://www.gov.uk/guidance/the-highway-code/general-rules-techniques-and-advice-for-all-drivers-and-riders-103-to-158

Rule 129
Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.

Laws RTA 1988 sect 36 & TSRGD regs 10 & 26

MarcelM6

592 posts

136 months

Friday 1st December 2017
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Getting back to the original topic - are dashcams legal?

Looks like privacy issues could make them 'illegal' in some countries but that it hasn't been tested in any court in the UK?

Could it be argued that if the police use dashcam footage from another vehicle that it is illegal because it is now being used to identify me without my consent and that it therefore breaches Data Protection regulations? The dashcam user has become a data controller and is required to adhere to ICO guidelines?

Hope someone on PH has an informed view rather than the rubbish on the AA or RAC websites.


captain_cynic

17,350 posts

125 months

Friday 1st December 2017
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MarcelM6 said:
Could it be argued that if the police use dashcam footage from another vehicle that it is illegal because it is now being used to identify me without my consent and that it therefore breaches Data Protection regulations? The dashcam user has become a data controller and is required to adhere to ICO guidelines?
In public, no.

http://www.theiac.org.uk/resourcesnew/filming-in-p...
The Institute of Amateur Cinematographers said:
Britain does not have specific guarantees of privacy in law, so no one can stop you filming them
They grey area comes with publication, whilst you cant prevent someone from filming in a public place where there is no reasonable expectation to privacy, they cannot publish it without your consent (often called a "model's release").

Also, your license plate no. isn't covered under the Data Protection Act as it's not PII (Personally Identifiable Information).

a.lex

165 posts

107 months

Friday 1st December 2017
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captain_cynic said:
They grey area comes with publication, whilst you cant prevent someone from filming in a public place where there is no reasonable expectation to privacy, they cannot publish it without your consent (often called a "model's release").

Also, your license plate no. isn't covered under the Data Protection Act as it's not PII (Personally Identifiable Information).
Also, this is only half correct. The ICO considers vehicle registration numbers personal data unless the vehicle belongs to a company. In practice, that means most UK number plate data must be treated as protected (unless the data set is somehow known to include only non-personally registered vehicles).

"Any data from which an individual can be identified is personal data for the purposes of the DPA. This includes images of an individual from which they are recognisable and vehicle registration numbers collected for the purpose of identifying vehicle keepers who contravene parking restrictions. These are personal data at the point they are collected, regardless of whether the organisation actually goes on to identify the owner of vehicle or not."

jonwm

2,744 posts

144 months

Friday 1st December 2017
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AllyBassman said:
EU_Foreigner said:
Whilst the UK police love them for prosecuting drivers for minor infringements caught on other car's dash cams.
Yup, some bd truck driver dobbed me in for crossing a solid white line. Bang to rights, I don't dispute that...but come on! I've got a dashcam of my own, i've been tempted to dob people in for dickish driving, but in reality I can't be arsed.
How did that pan out? Did you get a letter off the police or something else?

sergi1987

8 posts

112 months

Friday 1st December 2017
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So does that mean that all these videos on YouTube etc that have number plates clearly shown are doing so illegally?

Side question, when people film something and save it, they seem to press a button (I don't have one so don't know). If they do that whilst moving, aren't they breaking the law under the same rules that mean you can't touch a sat nav whilst moving?

If that's so can it be used to prosecute the driver potentially?

Cliftonite

8,746 posts

168 months

Friday 1st December 2017
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sergi1987 said:
So does that mean that all these videos on YouTube etc that have number plates clearly shown are doing so illegally?

Side question, when people film something and save it, they seem to press a button (I don't have one so don't know). If they do that whilst moving, aren't they breaking the law under the same rules that mean you can't touch a sat nav whilst moving?

If that's so can it be used to prosecute the driver potentially?
What rule is this then?

smile


xjay1337

15,966 posts

148 months

Friday 1st December 2017
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As long as dashcams are used as intended , and not as a YouTube content generator , I don't think anyone cares.

twister

1,591 posts

266 months

Friday 1st December 2017
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a.lex said:
"vehicle registration numbers collected for the purpose of identifying vehicle keepers who contravene parking restrictions."
So collecting VRNs for any other reason means they're not considered PII and are therefore fair game to be captured on a dashcam?


a.lex

165 posts

107 months

Saturday 2nd December 2017
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twister said:
So collecting VRNs for any other reason means they're not considered PII and are therefore fair game to be captured on a dashcam?
That quote was pulled from a document on the ICO website, but it is not a complete statement of their position. Yours is an odd conclusion to draw from it, however... As it happens, there is a significant exemption for "domestic purposes", Section 36, which ordinarily exempts individuals from compliance with the DPA. Anyone else would either have to comply with the DPA (and soon the GDPR) or find another exemption.