Can you use an actioncam as a dashcam?

By Franklin zuletzt bearbeitet 12. January 2021

Car Video Camera (dash Cam) Inside Of Car On Highway With Blurred Background Of Highway Road, From Perspective Of The Driver. Concept Of Safety Camera For Car Protection, Technology For Safety

Basically, this is possible, because an actioncamwith the appropriate configuration is able to record several hours of video and there are also appropriate mounts. However, you still shouldn’t do it. There is, in fact, a serious legal problem here.

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Legal situation

I will summarize the legal situation in my own words. This is of course only my layman’s assessment, who wants can of course also like to read through the full legal texts.

BGH ruling from May 2018

In May 2018, the Federal Court of Justice ruled that video recordings made while driving are generally admissible as evidence in accidents.

That sounds good at first, but there is also the DSVGO, the German Data Protection Regulation. Here it is in such a way that a video monitoring of the current traffic without an appropriate cause offends against the personality rights of the other road users and is thus forbidden. However, it is again permitted to make video recordings for the purpose of preserving evidence. This means that if I look into my crystal ball before driving and then know that I will be hit by a truck in half an hour, then I may turn on the camera. What a f…ing.

It is to be hoped that the BGH or another court will take another look at this.

Solution – special dashcams

The only legal solution at the moment is to use a special dashcam. The thing with these dashcams is that the recorded traffic videos are constantly being overwritten. However, if the built-in sensor detects a vibration, such as in an accident, the video footage is saved. The video footage is also time-stamped for use as evidence. In addition, many dashcams also have 24h parking monitoring. Another useful feature on some dashcams is a second camera that looks to the rear. This allows it to pick up the rear traffic action as well. This is an indispensable function, especially in the event of rear-end collisions.

Conclusion

Currently, the only thing that can be recommended in good conscience is a dedicated dashcam. Preferably a dashcam with a second camera that also looks to the rear.