Are Dash Cams Legal in Spain

Are dashcams legal in Spain

Contents

Dash Cams have become increasing popular over the years and are widely used in some countries.

Some people might want to use the Dash Cam to record their road trip. However, there is an increasing number of people who like the idea that the Dash Cam may help them in the event of a road accident.

The Dash Cam recording could help prove who was at fault in a road traffic accident. Without proof it is often one person’s word against the other. Without witnesses, police attendance or an incident that is clear cut, it sometimes leads to a frustrating outcome. Whilst it does not seem to be prolific in Spain, there are many social media videos out there where fraudsters step out in front of a vehicle in the hope of being able to make a claim against you and make some easy cash.

The question is though are Dash Cams Legal in Spain? Well, the short answer is yes, but you must be aware that Spain has some stringent Data Protection legislation. Please read the next section carefully.

Data Protection Law

The Data protection Laws in Spain prohibit the publication of photos and video of other people, without their express consent. Only the police and other emergency services are allowed to record images in public places. Unauthorised persons recording in public spaces could fall foul of the Agencia Española de Proteccion de Datos (AEPD) and receive a fine.

The images recorded by a Dash Cam can only be used for domestic use. If you were to publish them, for example on social media, then you would need the express consent of the people appearing in the images. Without it you would have to blur faces and disguise number plates and anything else that might lead to the people in the images being identifiable.

Recording images for your own use, a road trip record for example, is not illegal but continued recording could be considered surviellance and therefore fall under the Data Protection Laws in Spain. For example, if you left the camera on whilst the car was parked over night this could be considered video surveillance. Many banks, shops etcetera have a visible notice informing you that you are being recorded. These entities are registered with the AEPD and have to adhere to the Data protection Laws of Spain.

There was a story in the press last November of a man in A Coruña who left his Dash Cam recording the exterior to try and catch the person that was scratching his car. The police spotted the camera and the car was towed to the Municipal Compund. The owner of the car was hit with a 1,000 euro fine. The authorities concluded that the vehicle owner did not prove sufficient justification for the camera to be recording in a public place.

One of the issues is that under the Data protection laws in Spain people have a right to privacy. You cannot go round recording people indiscriminately. However, does the person who recorded the images on their Dash Cam have a legitiamte right to use those images as evidence, for example? This is a gray area and may boil down as to whether the recording is deemed to have met the prinicples of suitability and proportionality without violating the other parties rights under the data protection law.

Under the data protection law as it stands, an insurance company probably could not use the images directly but they could possibly be presented to a judicial court.

Installation

The installation of a DashCam in your vehicle is allowed but there are certain common sense rules that must be taken into account to ensure safe driving. The placement of the device should not interfere with your ability to drive the vehicle. The device should not obstruct your field of vision from the vehicle.

Using a Dash Cam

You must be careful not to manipulate your dash Cam whilst driving. The same as using your mobile phone whilst driving if you are switching on/off or using some other feature on your Dash cam whilst driving then you can be fined. The fine is 200 euros plus the loss of up to six points on your licence.

Will an insurance company accept the images or videos to help with an insurance claim?

With the data protection laws as they are in Spain it is currently unlikely that your insurance company will accept the video images recorded by a dashcam to assist with any insurance claim. This is because, as mentioned above, the recording of these images may breach the Data Protection laws in Spain. Use of these images could result in a fine for you and possible the insurance company.

Two of the issues here are:

1. The Data protection Laws in Spain prohibit the publication of photos and video of other people, without their express consent.

2. Continued recording could be considered surviellance and therefore fall under the Data Protection Laws in Spain. Instruction 1/2006 of the AEPD. If you are not registered then again you could fall foul of the law that is desgiend to protect people’s privacy.

Taking photos after an accident to help show your insurance company the damage and position of vehicles is fine. However, they are unlikely to want to see the video of the incident recorded by a dash cam.

This article has been produced in good faith to provide some answers to general questions regarding the use of Dash cams. It does not constitute any form of legal advice. The laws and their interpretation can change over time.

He hit me from a side road on my right. How is that my fault?

There are several common misunderstandings related to car insurance claims in Spain and this is one of them.

“I was driving along near where I live, when someone pulled out from a road to the right and hit my car.  I checked the other driver was OK. Then we looked at the damage to each other’s vehicles. Finally, as we began to complete the accident report form details and talk about what had happened and I was astonished when he said to me that the accident was my fault!”

“So we rang the local police who came to attend the incident and I said that I was travelling along the road and he pulled out from a side road to my right.”

car hit me from the right

“The policeman had a look at the exit of the side road and then advised me that the other driver was in fact correct. I couldn’t believe it and thought the policeman must have had it in for me!”

How can it by my fault when he came out of the road to my right as I was driving straight ahead?

According to Article 57 Unmarked intersections, you must give way to vehicles that are approaching from your right. The exceptions to this are:

  1. Vehicles on a paved road will have priority over those on a non-paved road.
  2. Vehicles on rails have a priority over other road users.
  3. Roundabouts. Those already on the roundabout have priority over those intending to enter the roundabout.
  4. Vehicles travelling on a motorway have priority over those intending to enter the motorway.

Violations of these rules are a serious traffic offence. You may receive a fine.

Be careful if hit by a car coming from a side road on your right. The default position of your insurance company in Spain and that of the company of the other driver will be it is your fault. The insurance companies have certain agreements between them (convenios) that are in place to speed up claims so that victims are dealt with swiftly.

All the same, the default position may not always be correct. Look for road markings and signage. Take photos of the cars positions (if safe to do so) and the road you are on and the one the other car came out of. If there is a sign saying that the other driver should give way or stop then take a photo of it. The people who deal with your and the other driver’s claim are in an office possible 1,000s of kilometres away they won’t know the street or perhaps even the town.

Without this proof your insurance company will almost certainly have to accept responsibility.

What to do if you have an accident in Spain

Car Insurance Spain Car Accident

If you are involved in an accident in Spain then it is best to know the procedures in order to avoid complicating or jeopardising any claim that you might have against another driver.

Firstly, if you are involved in an accident you must stop. Thinking, “oh well, it’s only a small scratch” and driving on could land you in trouble.

What to do if you have an accident in Spain

With your car insurance Spain policy you should have a form known as a ‘declaration amistosa de accidente de automóvil’.

This is a two part from where the drivers of the vehicles involved can complete their details and the circumstances of the accident. It is important to use a ball point pen and press hard so that the copy of the document can be read.

Being in Spain the form is usually printed in Spanish but below we have provided you with a copy in English. Obviously, if the other driver is Spanish and the accident occurs in Spain you can’t really insist they complete an English version, but it will help you understand what information to put where.

The ‘declaración amistosa’ should be signed by both parties and one copy given to each. However, if you are unsure what has been written or disagree with who is at fault then don’t sign it unless you are clear what it says and agree with it. Take a copy of the form and discuss it with your insurance broker or company.

The document is really important. Once signed you have basically agreed to what is on it. If later you want to add to the document or dispute it then it is very important not to alter your copy. You must add extra information on a separate sheet of paper. Remember the other party has a copy too, so yours must match theirs. If you alter it then you could cause yourself a lot of difficulties.

Call the police

You can call the police and they will make a report of the incident and clearly if someone has been injured you need to contact an ambulance.

If your vehicle is damaged you can contact your insurer’s breakdown service and get your vehicle towed to your destination, your home or a local garage depending on the policy you have.

If the other party is reluctant to complete a form or refuses to provide you with details of their insurance company note the car registration, the make, model and colour of the car. If no one is seriously injured and you are not in too much shock take a series of photos on your mobile phone showing the damage and vehicle positions.

If you or one of your passengers needs to attend hospital as a result of the accident, make sure you/they get a discharge certificate. If the police attend the incident try to ascertain whether it is Guardia Civil, or the Local Police and from which police station or town they are from so you can provide this information to your insurer.

Witnesses

If there are witnesses then get their names and contact numbers, although if the police are involved they will hopefully deal with this.

If as a result of the accident you feel it is justified to seek a claim for injuries suffered as a result of the accident, then either a court appointed doctor or a specialist private doctor can prepare a valuation report.

Please keep all receipts related to treatment as a result of any accident then these could possibly be included along with a claim for loss of earnings. Loss of earnings is calculated on the basis of the number of says you are forced to spend off work, with a calculation made based on your usual earnings.

In Spain it might be that after an accident, where you weren’t at fault, the other parties insurance company offers to carry out your treatment for injuries you suffered.  The insurance company of the other party may send their appointee to assess your injuries and offer a programme of treatment. However, remember who they work for. Get independent advice on the treatment you need and the time you need to recover.

If you have any doubt, then talk to your insurance company or your insurance broker to ensure your best interests are being looked after.

Car Insurance Spain Accient report form in English