Do you want to install cameras in your vehicle? This is of interest to you
Do you want to install cameras in your vehicle? This is of interest to you:
Having a camera installed in your vehicle that records images implies the processing of personal data; therefore, you must be aware of the obligations that the RGPD and the LOPD-GDD establish in this regard.
Can I be penalized if I do not comply with the requirements described above?
The answer is YES, because the recording of cameras involves the processing of images and those that can identify a person or make it identifiable (example: license plate of a vehicle) is considered a processing of personal data and that even if you are an individual, you must comply with data protection regulations.
So much so that the AEPD sanctioned on May 20, 2022 a private individual in its Resolution PS-00513-2021with a fine of 1,500 Euros for having installed a camera inside his vehicle that recorded images from outside the garage where he parked, which intimidated the neighbors who used the garage and who reported the facts to the AEPD.
In this case, the AEPD decided to impose the sanction on the grounds that Article 5.1 c) RGPD had been violated, since “the measure adopted is considered disproportionate in order to protect the vehicle, since there are less harmful means to the rights of third parties (e.g. sound alarm) that are affected without justified cause by the same, treating the data of these, without any information in this regard“.
What to do if you are going to install a camera in your car?
In general, it is important to note the following:
First: 
That the images obtained involve the processing of personal data and that even if you are an individual you must comply with the Data Protection Regulations(RGPD and LOPD-GDD).
Second
That such image capture must be legitimized:
The legitimacy in the processing of personal data is established in Article 6 of the GDPR, being possible that it finds its basis in paragraph f), where it is stated that such processing “is necessary for is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child .”
That is to say, if the purpose of carrying a camera in the car is to collect evidence for the claim following a traffic accident, or some damage perpetrated to our vehicle, we could claim that our action is legitimized, as long as the weighting is made with respect to the legitimate interest of the responsible party. In the aforementioned case, the weighting trial would be in our favor since it is linked to another fundamental right, and that is the exercise of effective judicial protection, provided for in article 24 of the Constitution. This assumption of adequate legal standing has been recognized by the Spanish Data Protection Agency, in different legal reports and resolutions, as well as by the Constitutional Court.
Third:
That the capture of the images has a specific purpose:
The purpose must be duly limited by the responsible party and the recorded images must not be used for any purpose other than that stated at the outset, for example, to be used as a means of defense in a lawsuit.
Fourth:
Application of the principle of data minimization:
It implies recording those images that are absolutely necessary for the intended purpose; that is to say, it is not legitimate to record that which is disproportionate or unnecessary for the intended purpose.
Fifth:
Fulfillment of the duty to inform:
It is necessary to install in a visible place an informative sign indicating the purpose of the treatment and who is responsible for the treatment.
Among other issues.
What does the AEPD say about it?
Regarding the use of video cameras for security and other purposes, specifically for the “on board cameras” section, some of the following issues must be taken into account:
First
If the purpose of the camera is to file a claim in the event of an accident or damage to the vehicle, sufficient safeguards must be in place to determine that such processing is proportionate and necessary, such as, for example, that the recording system is activated only at the time of the incident, or can be activated manually when the driver notices the violation.
Second
The period of conservation of the images, taking into account the provisions of Article 22.3 of the LOPDGDD, is one month from the recording of these, being able to keep them for a longer period when they have to be made available to authorities or to meet a legal obligation, such as the exercise of data protection rights.
Third
If it is desired to broadcast the recorded images, the images corresponding to the persons or any data that could make them identifiable, such as vehicle license plates, should be blurred.
Fourth
Location of the camera at the front of the vehicle, not at the rear.
Business Adapter® at your service
If you are a customer and are thinking of installing cameras in your vehicles, contact your consultant to receive documentation and instructions.
If you are not yet a client and you want us to help you comply with the European and Spanish data protection regulations(RGPD + LOPD) to which any company or professional and in this case also individuals are obliged, contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:
[su_button url=”https://businessadapter.es/contacto” target=”blank” background=”#f6f903″ color=”#181818″ size=”7″ center=”yes” icon_color=”#000000″]Contact us, we will be pleased to help you.[/su_button]