To prevent you from running into legal issues we did an in-depth posts, blogs, and websites research and we found the following, helpful answers. For any further inquiry, it would be best to check with your local jurisdiction.
So, the answer to the title question is: YES.
On the authority of Spain, Traffic Law dash cameras are legal with the understanding that they:
- Don’t hinder the driver’s view of the road
- Don’t make unlawful shootings of police officers while on duty
- Under no circumstances provide data that will be misused.
However, they can be highly useful when it comes to providing strong and supporting evidence in a case of an incident. Whether they are admissible as proof in a court depends solely on the judge, so there is no uniform legal decision yet.
According to the Spanish Data Protection Law, the captured audio and visual data can’t be used in court. The Law assumes that you were making public recordings without permission of the parties involved.
Nevertheless, in an out of court settlement managed by car insurance agencies, you can use the cams recordings to provide the agencies with evidence and help them decide on the case i.e. who is to blame for the incident.
According to one of the Spanish forums discussing this theme in detail:
- You can make recordings for your personal use. If you accidentally shoot any act of crime, violence or infringement you may ask a judge to authorize the shooting. It’s only after the judge’s admission that you can submit the video to the car insurance company.
- But, be careful and bear in mind the following. If your camera is still ON once you’ve turned OFF the engine it will be deemed as “fixed video surveillance”. You may as well be penalized if reported!
- Only the police and other Law enforcement authorities are allowed to record a video in a public place as a crime prevention measure. If you do the same you will break the law since you are consciously infringing on other person’s privacy.
We hope we have clarified this very popular question nowadays.
Let us just remind you of some wrong practices that you should avoid when using your dash camera:
- Posting your videos on some of the social media can result in liability charges so be very careful when deciding what to publish.
- Installing your camera on a dashboard. It will obstruct your view of the road. The best option is to fix it on a windshield, just behind the rear view mirror.
To sum up, possession of dash cam is not a traffic offense according to the Spanish Traffic Law BUT the usage of your shootings could be an offense if you don’t stick to the above-mentioned rules. Always be aware of privacy regulations and the real purpose of video captured. If it’s for evidence purpose don’t share the video before you consult a judge if the video is admissible in a court of law.