#AtoZofGDPR - G is for GoPro
The festive season is fast approaching and many people may be receiving a shiny new dash cam in their socking come the 25th. For those lucky enough to receive a dash cam, rather than a bag of soot (which the writer expects to receive…) you should be aware of your obligations with regard to data privacy.
The Irish Data Protection commissioner has just released a guidance document that the motorist should read in. order to make sure that they are aware of their legal responsibilities.
A number of motor insurance providers in Ireland have begun offering motorists discounts where they have installed dash cams. Where users install a dash cam to reduce their premiums, or avail of a discounted dash cam as an incentive, the DPC states that the “the driver is exhibiting a clear prior purpose and intention to obtain and process the personal data of other persons, for the purpose of recording accidents”
As everyone should be aware by now, all personal data, which includes any images or audio captured by such devices, including GoPro devices or similar, must be processed in a transparent manner.
The DPC goes on to state that “In the first instance, there should be a clearly visible sign or sticker on and/or inside the vehicle, as applicable, to indicate that filming is taking place,”
"To the extent that video surveillance...covers, even partially, a public space and is accordingly directed outwards from the private setting of the person processing the data in that manner,"
it cannot be regarded as an activity which is a purely ‘personal or household’ activity for the purposes of the second indent of Article 3(2) of Directive 95/46.”
Policies and Controllers
Furthermore, the document states that motorists should have “a policy sheet detailing your contact details, the basis on which you are collecting the images and audio of others, the purposes of use of the data and how long you will retain it for”
The Data Protection Commissioner also advises motorists to ask certain questions of your prospective insurance provider before entering into an agreement with them. The DPC says that “you should ask them to outline their policies in relation to the personal data that you will record, and what responsibilities they will have as data controllers”
And, “If you enter into an arrangement with your insurer that requires you to own or operate a dash cam to avail of a discount, your insurer may be acting as a joint data controller of any personal data that you record with the dash cam,”
Social Media and Sharing...
If you are using a Dash Cam for security or accident liability purposes, you should be aware that the publication of footage, for example on social media platforms, represents a further processing and risks infringing the privacy rights of recorded individuals and data protection legislation.
Publication of personal data can be justified in certain circumstances for journalistic purposes but this must be carefully balanced with the privacy rights of the individuals concerned.
An Garda Síochána may request a copy of Dash Cam footage from you in relation to the investigation of a crime. The provision of personal data, including Dash Cam footage, to Law Enforcement authorities is permitted under Section 41 of the Data Protection Act 2018. The relevant Law Enforcement authority should be in a position to demonstrate that the footage is necessary for the investigation or prosecution of a criminal offence and, where possible, a request for footage should be obtained in writing.
At present, the guidance document only relates to the use of dash cam devices, it may equally apply to other road users such as cyclists who are using devices to record footage of others in public. Remember, the first GDPR fine in Austria involved the use of CCTV recording a public area!!
For further information, motorists should review the whole document here.