Drivers involved in accidents in Germany now have more opportunities to prove they are right
As Deutsche Welle notes, the legal basis for their use was quite vague. For example, when attaching a video recording as evidence in a traffic accident court case, one could defend their position and win the case. Or one could face a counterclaim and a high fine for violating Germany's data protection laws regarding other road users.
As a result, dashcams in cars in Germany became the exception rather than the rule, and among tourists driving to Germany, the mistaken belief that such cameras are completely banned here became entrenched.
Dashcams in Europe
The situation in Germany indeed differed from its European neighbors. According to statistics from the General German Automobile Club ADAC, in the vast majority of European countries, using a dashcam is quite common. Only in Belgium, Luxembourg, Portugal, Switzerland, and, with some reservations, Austria, did ADAC lawyers advise against using cameras. And, of course, in Germany itself.
But now the situation has changed. The Federal Court of Justice of Germany (BGH) on May 15, 2018, allowed the use of dashcam recordings as evidence in court. The occasion was an appeal by a resident of the federal state of Saxony-Anhalt who was involved in an accident: two cars were turning left and collided. The damage was minor – about 1,000 euros, but for the victim, it was clearly not about money but about principle, as he felt no fault in the incident and tried to present a recording from his car's camera as evidence.
But the courts of two instances refused him this. The subtlety, however, was that neither expert opinions nor witness testimony could clarify the situation. Then the case reached the Federal Court of Justice of Germany, which allowed the use of the dashcam recording – not only in this specific court case.
Can you now record everything?
Does this mean that dashcams can now be used without restrictions in Germany? No. As the judges noted, their use still violates data protection regulations. However, in the event of an accident, the data of those involved must be disclosed anyway – license plate numbers, driver's licenses, names, addresses, and so on. Under these conditions, using camera recordings in court is permissible, especially in cases with insufficient evidence. This, however, will have to be determined by courts on a case-by-case basis.
Still prohibited in Germany is the continuous video recording of road events – without, as the judges put it, a "specific reason." This means it is not allowed to simply record everything happening around, as the camera would also capture license plates of surrounding cars, faces of people in cars, and pedestrians.
Only cameras that automatically and permanently delete videos after a short time, and only preserve a recording fragment in the event of a specific reason – such as an impact or shock from an accident – are permitted.
Dashcams and social media
Such cameras are abundant on the market – so it is no surprise that their manufacturers were among the first to welcome the BGH decision. As Thomas Güttler, head of the company Rollei, which produces various photo and video equipment, noted, "we expect that dashcams will now become widespread in Germany."
They will also greatly ease the work of the traffic police, admitted Oliver Malchow, head of the German police union. However, even he urged residents not to overdo it: "We do not want citizens to spy on other citizens."
But where both supporters and opponents of dashcams in Germany, as well as the BGH judges, agree is on the complete inadmissibility of uploading camera videos to the internet. Even Thomas Güttler from Rollei expressed confidence that "on YouTube, we will not see recordings of road accidents from Germany, as is the case with accidents from Russia."
Interestingly, the example of Russia was also actively discussed in comments under German media publications about the Federal Court of Justice's decision. Some users held up Russia as an example and lamented "Germany's backwardness" on this issue. Most, however, pointed out that the widespread use of dashcams in Russia is linked to its residents' lack of faith in the possibility of achieving justice in the police and courts, so Germany does not need to "catch up" with anyone here.
But that using dashcams is extremely practical was not disputed by anyone in the comments. This is also confirmed by opinion polls: according to a study by Bitkom Research conducted in Germany in January 2018, about half of respondents were generally not opposed to installing a camera in their car.