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Dashcam footage as evidence: is that allowed?

You recorded an accident or a case of coercion with your dashcam and wonder whether you may use it in court? The legal situation is nuanced: using it, yes, but continuous filming without cause is sensitive under data protection law.

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The Federal Court of Justice has ruled that dashcam footage can be usable as evidence in accident proceedings, despite data protection concerns, after a case-by-case weighing.
Permanent, causeless continuous recording violates data protection law and can result in a fine. Short, cause-related recordings (a loop with overwriting) are sensible.

What you should do now

  1. 1

    1. Secure the recording

    Secure the relevant sequence immediately (otherwise it gets overwritten) and save it unaltered.

  2. 2

    2. Use it in a claim

    Present the footage to the opposing insurer or the court to prove how the events unfolded.

  3. 3

    3. Mind data protection

    Use the camera in a cause-related way, not as permanent surveillance. Do not publish footage showing identifiable persons or license plates online.

  4. 4

    4. In case of criminal offenses

    In case of a hit-and-run or coercion, you can hand the footage to the police to file a report.

Frequently asked questions

Can I use dashcam footage in court?

Yes, that can be permissible. The Federal Court of Justice considers dashcam footage in accident proceedings to be usable in principle; the court weighs, case by case, the interest in evidence against the right of personality.

Is the dashcam itself allowed?

Operating it is not generally prohibited, but permanent causeless recording violates data protection law. Devices with short loop recording that only save permanently when there is a trigger are recommended.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.