The Data Protection Commission guidance on 'Dash Cams'

• Ireland

• General

11-12-2018

The Data Protection Commission (DPC) has issued guidance regarding the use of ‘Dash Cams’ by motorists and advised that those using them should be aware of their legal obligations under data protection laws.

The DPC states that motorists recording with a dash cam are likely to be a data controller for the purposes of data protection law and must comply with relevant data protection principles. For example, in the interests of transparency (a key data protection principle), the DPC states that users should display a clearly visible sign/sticker on and/or inside the vehicle indicating that filming is taking place and provide certain details (either verbally or by way of a policy sheet) concerning the use of the data.

In particular, the DPC notes that motor insurance companies who seek dash cam footage of an incident in relation to a claim will likely become a separate data controller of the footage once handed over and would need to comply with the relevant data protection law obligations. Furthermore, the DPC highlights that where a driver is required to use a dash cam to avail of a discounted policy premium, this would likely be treated as a joint-controller relationship and an arrangement should be put in place between the parties which sets out their respective responsibilities.

Insurance companies seeking to incentivise the use of dash cams should take note of the DPC’s guidance to ensure they are fully informed of their responsibilities and to avoid any potential administrative fines from the DPC.

• Marie McGinley
• Partner
• +353 1 6441 457
• +353 1 6441 457

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