Use of dashcams by individuals – relevant data protection laws
Images recorded by a dashcam that show an individual generally will be treated as personal data for the purposes of UK GDPR.
It is, however, important to note that Article 2 of UK GDPR confirms that it does not extend to the processing of personal data “by a natural person in the course of a purely personal or household activity”. The ICO has made it specifically clear that if you are using a dashcam for solely domestic purposes you are exempt from the data protection laws.
This guidance from the ICO is, however, in contravention of what was held by the Court of Justice of the EU in the case of Ryneš. In this case, it was actually held that the above referred to exemption does not apply to any video data that captures public space, even in circumstances where the camera is located on private property, such as a car. The position in relation to the personal use of a dashcam is therefore very much uncertain at this time.
Businesses using dashcams – does UK GDPR apply?
If however, your business is using dashcams, this is a different matter and it has been clarified that you would be classed as processing data for the purposes of UK GDPR. If you are using dashcams as part of your business, you need to ensure that you are familiar with the ICO’s Guidance on Surveillance Camera. This is a comprehensive document explaining what you need to be considering/doing to ensure that you remain compliant with UK GDPR.
Most pertinently, you need to ensure that you have a lawful basis for the processing of the data (see our previous blog on this topic). You also need to ensure that you have made it clear that you are using a dashcam and providing means of obtaining further information. The ICO has suggested that this could be done with a visible sticker on the outside of the vehicle confirming that a dashcam is in use. It is also a good idea to include contact details, such as a website and potentially even link to your online privacy notice, as a belt and braces approach.
How can Nelsons help?
Ruby Ashby is an Associate in our expert Dispute Resolution team.
If you are affected by any data protection issues, please do not hesitate to contact Ruby or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.