Dash cam – Machina Non Grata.
A dash cam is a popular Christmas present or indeed a present at any time of year. I got one earlier this year and have been having it merrily record the road ahead of my car ever since. I was doing this with the belief that the household exemption covered such recording. This is the exemption that covers things like home CCTV systems. However recent guidance from the Data Protection Commission has changed my attitude towards them.
A dash cam and data protection.
Basically it states that if you use a dash cam and record a public area, you become a data controller. A data controller is required to have policies and procedures in place for how the data is processed, stored, shared, etc.
- You need to be transparent about the recording. So you need to have signage that indicates recording is taking place.
- You need to specify under what legal basis is the recording being made.
- You must also state how long you will retain the data.
- If someone is aware of the existence of your dash cam, then they are entitled to ask for a copy of footage of them from you. You have 30 days to respond to the request. You must also redact (blur/black out) any other identifiable individuals who may be also in that recording.
- The individuals have more rights available to them. You can find out what they are here.
- There is a need to ensure the data is properly secured and limit who has access to it.
- You should not share any footage online in a social media platform.
- Gardaí may request a copy of the footage, but you can only give it to them when they provide you with a written request under Section 41 of the Data Protection Act 2018.
But my insurer is giving me a discount.
Some insurance companies are incentivising people to install a dash cam. This makes things even more tricky. If any of the following are a requirement of an insurance policy:
- You are required to install and use the camera;
- You are required to provide footage to your insurer at their request or to upload it to their website;
- Your insurer monitors your use of the camera; and/or
- Your insurer instructs you as to which model of camera or application you must use.
then you are entering into a joint data controller relationship. This requires that a legal arrangement be put in place that sets out each parties respective responsibilities. So I would think twice about doing this.
If you want to get in touch and discuss this, then please either ring 087-436-2675 or drop an e-mail to info@L2CyberSecurity.com.
Earlier this year, I lost the two wing mirrors on my car in two separate incidents, within weeks of each other. The first one I lost my passenger side mirror, as I swerved to avoid an oncoming car that drifted in front of me. I lost my mirror and also destroyed the mirror of a new parked car. The drifting car did not stop. I had to pay for a new wing mirror for the parked car of €210.
The second incident, I lost my drivers side mirror to an idiot coming around a corner at speed on my side of the road. He tried to get back to his side of the road as I swerved towards the bushes, but no good. He didn’t stop either, but he lost his drivers mirror too. I’ve a ten year old car, so even getting second hand mirrors, the two cost me €250.
I was given a dash cam, so the next time that happened, I’d have something to show to the Gardaí. Of course nothing has happened to me since I got it. Anyway, because of the above, I have removed the dash cam and here it is about to be put away.