# Dash cam rules in Spain



## Muddy (Jan 14, 2010)

I was told by someone that there is a ban on dash cams but I can't find anything on this here or on recent date search online etc.
I can see a story from another site in Nov last year saying there are no restrictions. But on another site I can some restrictions mentioned like must not obscure driver view, secured properly, must not record police or security forces, must not touch dash cam while driving. That last one would have to be broken to turn off the camera so not to film police so that could make for an interesting conversation if stopped.
Not sure why that would be an issue if everything is permanently overwritten, only way a file would be marked as read only if you were hit by a police car for example 🤣

I've lost out a few times over the years to drivers hitting me, so there is a need to protect yourself against bad or uninsured drivers.


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## Overandout (Nov 10, 2012)

No, they are not banned.

It is illegal to have any item obscuring the view through the winscreen, including GPSs, flags, masks hanging from the mirror, depictions of the virgen siants or Allah. And Dash Cams.

No, it is not illegal to record in a public place.

It is illegal to distribute or use any recording made in a public place without the express authorisation of anyone identifiable in it. So, you can record someone crashing into you, but you can't send that recording to your insurance company. You are limited to watching it at home (but you can still use the information to identify a hit and run driver if you can see the number plate in the footage for example, but you can't show the image or video to anyone).

No, it is not illegal to recrd a policeman doing his duty.

But similarly to recordings in public places, you cannot use any recorded images of any person of authority (which could be used to identify them) for any use.

The only recording of an accident or incident which can be used for the purposes you mention is if it is recorded by a police officer or member of the armed forces as part of their duties.


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## davexf (Jan 26, 2009)

Hola 

Dashcams are banned in Portugal - possibly a little off topic but I have to remember not to use it whenever I pop across the border 

Davexf


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## jimenato (Nov 21, 2009)

I like to look through dash-cam footage on youtube. There's loads from the UK, USA and Russia (the stuff from Russia is positively fearsome) - but I've never seen any from Spain nor, that I can remember, from any other EU country.

Interesting that it's actively encouraged in the UK - the police services have portals so you can upload them - yet such activities are banned elsewhere.

I have one and I used it in Spain - didn't even think about it. 

I also have a video camera on my Ebike - I wonder what the status of that would be in the various jurisdictions.


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## Overandout (Nov 10, 2012)

There are legal arguments to use footage as evidence, and it is not always a simple black and white scenario, but the general rule of the law is as I posted above. (The part about the windscreens is from the Codigo de Circulación, the part about the recording a public space is from the Ley Orgánica de Protección de Datos, and the part about recording security forces is from the famous "gagging law" (Ley Mordaza)).

I always think that any reference to law should be backed up with the source but I didn't have time earlier.

That general rule is that as long as only you see it in private and do not distribute it, you are OK.

I still think it is useful. You don't have to hide the fact that you have one or use it. In court you can say that you are sure that X did Y because you have it recorded and have replayed it (privataly) to be sure of the facts. Remembering the details of an accident is very difficult, so even if you can't use the actual footage as evidence, it is still worth having.


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## alpinist (Feb 8, 2009)

There have been some nervous blogs in Spain about the multiple cameras that record 24/7 in Tesla cars (they do this to aid semi-autonomous driving and as security when the car is parked). The legal situation seems to be exactly as Overandout describes though - the camera is legal but the recording cannot be shared and cannot be used as proof of anything. 

In a tangent, the craze for personal drones and numerous social media channels must really be challenging the 'no publishing' rule.


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## Muddy (Jan 14, 2010)

Overandout said:


> No, they are not banned.
> 
> It is illegal to have any item obscuring the view through the winscreen, including GPSs, flags, masks hanging from the mirror, depictions of the virgen siants or Allah. And Dash Cams.
> 
> ...


Thanks for reply *Overandout*, very clear
Good to know there isn't a ban, don't agree why there would be a restriction on showing an insurance company proof of who crashed into you, but I can think of a way around that. IMO if someone crashes into me they lose the right to anonymity, but it's just my opinion.




davexf said:


> Hola
> 
> Dashcams are banned in Portugal - possibly a little off topic but I have to remember not to use it whenever I pop across the border
> 
> Davexf


Not planning on a trip but good to know thanks.



jimenato said:


> I like to look through dash-cam footage on youtube. There's loads from the UK, USA and Russia (the stuff from Russia is positively fearsome) - but I've never seen any from Spain nor, that I can remember, from any other EU country.
> 
> Interesting that it's actively encouraged in the UK - the police services have portals so you can upload them - yet such activities are banned elsewhere.
> 
> ...


I remember seeing one clip from Russia some years ago, one car getting past another, not the best overtake but the driver now behind then done a Starsky and Hutch overtake and stopped the car, then got out with a baseball bat and approaches the car forced to stop, passenger of that car gets out with a hatchet. The guy with the hatchet was a police officer and they were on duty on a call.

I would leave the camera on your Ebike, and add one facing to the rear also. I've had too many close calls over the years so at least if you're run into you have a chance at catching a reg number.
Would be interesting to see if they apply these laws to Ebikes etc etc!


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