HmbBfDI (Hamburg) - Bußgeld wegen des Betriebs einer Dashcam im Straßenverkehr

HmbBfDI - Bußgeld wegen des Betriebs einer Dashcam im Straßenverkehr
Authority:	HmbBfDI (Hamburg)
Jurisdiction:	Germany
Relevant Law:	Article 4(1) GDPR
Type:	Complaint
Outcome:	Upheld
Started:
Decided:
Published:	31.03.2023
Fine:	n/a
Parties:	n/a
National Case Number/Name:	Bußgeld wegen des Betriebs einer Dashcam im Straßenverkehr
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language(s):	German
Original Source:	Hamburg DPA (in DE)
Initial Contributor:	CBMPN

Hamburg DPA applied the understanding of the German Federal Court of Justice, according to which permanent, indiscriminate video recording of public spaces using a dashcam is unlawful. Dashcams may operate in an event-based mode.

English Summary

Facts

In early 2022, the Hamburg DPA received a report from the Hamburg police regarding the unlawful use of a dashcam. During a vehicle inspection, police officers discovered an active dashcam mounted on the windshield of a car. The driver admitted that the camera recorded continuously throughout the entire journey. A review of the confiscated dashcam’s memory card confirmed that each time the vehicle was started, a new video file was created and stored. These recordings contained clearly identifiable license plates of other vehicles, as well as pedestrians and cyclists, thus processing personal data without consent.

According to the Hamburg DPA, he operation of a dashcam in a motor vehicle to document accidents or the misconduct of other road users is only permitted on an ad hoc basis. Continuous, unprovoked operation of a dashcam in traffic can result in a heavy fine.

The Hamburg DPA imposed a mid-three-digit fine on the driver. The driver initially appealed, but during the main hearing at the Hamburg District Court, they withdrew the appeal after legal discussions. The presiding judge clarified that each completed journey constituted a separate offense under administrative law, meaning long-term storage of such recordings could lead to substantial cumulative fines.

Holding

The Hamburg DPA held that continuous and indiscriminate recording of public road traffic is unnecessary for evidentiary purposes in case of accidents, as relevant events can be stored selectively. The German Federal Court of Justice (BGH) has ruled that permanent, indiscriminate video recording of public spaces using a dashcam is unlawful (BGH, judgment of 15.05.2018 – VI ZR 233/17). Modern dashcam models offer event-based recording, which stores footage only when triggered by specific incidents (e.g., sudden braking). The driver’s dashcam had this function but was not activated. Drivers must ensure that dashcams operate in an event-based mode rather than continuously recording public spaces.

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English Machine Translation of the Decision

The decision below is a machine translation of the German original. Please refer to the German original for more details.

During the reporting period, the HmbBfDI imposed a fine for the first time for the illegal operation of a dashcam.
At the beginning of 2022, the HmbBfDI received a report of an administrative offence from the Hamburg police. During a vehicle inspection, police officers discovered that a dashcam was installed and switched on in the windshield of a car. The driver admitted to the police officers that the camera would record during the entire journey. This was also confirmed by the evaluation of the confiscated dashcam memory card. Every time the vehicle was started, a new video file was created and saved. License plates of other road users as well as pedestrians and cyclists were clearly visible on almost all of the saved videos, meaning that personal data of citizens was consistently processed.
IV.
Data Protection Activity Report 2022 - HmbBfDI 123
FINES, ORDERS, LEGAL PROCEEDINGS
A continuous and unprovoked video recording of traffic events is not necessary in order to protect the driver's interest in securing evidence (e.g. for securing evidence in the event of an accident or damage to one's own vehicle). For this purpose, it is sufficient if only the relevant situation is recorded permanently. Furthermore, the interest of other road users in not being permanently subject to video recordings in public road space generally outweighs this, especially since they usually cannot even recognize the video recording and have not given any reason for the recording through their behavior. A permanent and unprovoked recording of traffic events in public spaces with a dashcam is therefore also inadmissible according to the case law of the Federal Court of Justice (BGH, judgment of May 15, 2018 - VI ZR 233/17).
Anyone who has a camera in their vehicle must therefore ensure that this camera only permanently saves events in public spaces in the form of a video when necessary. Many dashcam models have supported the option of saving recordings when necessary for some time. The recordings are stored in a ring buffer, which is repeatedly deleted at short intervals by overwriting if there is no reason for permanent storage. Integrated sensors can trigger permanent storage of the video in the event of heavy braking or similar. The driver's dashcam also had this function. However, he had not activated it.
The HmbBfDI has imposed a fine in the mid-three-digit range for this violation. The driver lodged an objection. After discussing the factual and legal situation in the main hearing before the Hamburg District Court, the driver withdrew his objection to the fine. The presiding judge further explained that each completed journey is an offense within the meaning of the law on administrative offenses and that the journeys must therefore be treated as multiple offenses. The mass storage of video files of public roads, possibly lasting for years, can therefore lead to a significant fine, since a separate fine would have to be set for each journey stored without reason.