Filming on the way. Is that allowed?
An individual can use an action cam to film his holiday trajectory. If he saves the images of this trip at home and only uses it for personal use, the privacy law will not apply and he therefore does not have to comply with the rules of this law.
However, as soon as the same person makes the images public (eg on the internet or shares them with a large number of people, such as during an information evening), the privacy law will apply and the person concerned must comply with the obligations of this law.
He will be considered as a controller. As the person responsible, he must, among other things, respect the principle of proportionality, comply with the obligation to provide information, and take the necessary security measures such as making license plates and / or persons unrecognizable. and must make a declaration for the benefit of those persons. .
For more information, reference can also be made by analogy to the "recommendation of its own accord regarding the distribution of images".
Dash or action cam for use as evidence in the event of a collision
Someone can buy an action cam as back cover in the event of an accident. In this context we are not talking about normal personal data (such as a name, address and telephone number), but about legal personal data. Images from dashcams can also be used as evidence. You can therefore take it to the police to make a report.
The processing of such legal personal data is in principle prohibited by the Privacy Act. However, there are some exceptions to this prohibition. A possible exception that could be invoked here is if the processing is necessary for the management of one's own disputes. In this case, a dashcam would be possible, subject to the further provisions of the Privacy Act.
The data subject will be regarded as a controller. As the person responsible, he must, among other things, respect the principle of proportionality (eg erase the images in the evening if nothing problematic happened during the day), must comply with the obligation to provide information (practically this will have to be done with a first contact, eg immediately after the accident if the counterparty is discussed), must take the necessary safety measures and must make a declaration.
UNDER THE STRIPE
Is it all beautiful and kind. Maarrr… In various European Member States (Belgium, Luxembourg, Austria, Portugal) the privacy rules are tightly enforced and there are apparently currently bursts to get people on the use of dash or actioncams because The Rules apparently make that possible. actioncams can - if you meet the wrong law enforcement officer - have a hefty fine on it.