The Pierre Palmade affair demonstrated this : images from a dashcam can prove decisive in an investigation. These small cameras, increasingly popular among French motorists, promise to protect their users in the event of an accident or hit-and-run. But their use raises complex legal questions, particularly in terms of respect for private life.
A legal void which complicates the situation
France currently finds itself in a “neither-nor” situation regarding dashcams. Unlike certain European countries such as Austria or Luxembourg which formally prohibit them, France has not yet decided the question. The CNIL, guardian of personal data, has still not taken an official position on the subject. This absence of specific regulations does not mean that their use escapes any legal framework.
Image rights in the face of road safety
The fundamental principle that applies remains simple: filming from a private space (like a car) what happens in a public place is not illegal in itself. However, the situation becomes complicated when we approach the issue of personal data. License plates, faces of passers-by or other drivers constitute information protected by the GDPR. However, case law tends to give precedence to the legitimate interest of road safety over image rights in this specific context.
Me Eric Barbry, lawyer specializing in digital law, offers a pragmatic approach: intention takes precedence over technique. When a motorist installs a dashcam, his objective is not to film people, but to document possible accident-prone situations.. This nuance could justify a certain flexibility in the application of the GDPR.
Evidence admissible under conditions
French justice takes a nuanced position on the use of dashcam images as evidence. In criminal matters, the principle of freedom of proof prevails: even images captured without authorization can be admitted by the court. The Palmade affair perfectly illustrates this reality. On the other hand, in the civil context, particularly for disputes with insurance companies, the situation turns out to be more complex. The legitimacy of the proof then becomes an essential prerequisite.
Insurers are starting to integrate this new technological reality. France Assureurs recognizes that dashcam images can help establish responsibilities, in addition to the traditional amicable report. However, these devices do not yet influence the calculation of insurance premiums, because they do not prevent accidents.
Practices to put in place
For current users of dashcams, caution remains in order. The CNIL recommends in particular limiting the retention period of images and providing automatic deletion every 24 or 48 hours, except in the event of an incident.. Manufacturers generally offer two installation options: either connection to the cigarette lighter for operation only with the engine on, or direct connection to the fuse box for continuous monitoring.
The future of dashcams in France will largely depend on the position adopted by the CNIL. The authority will have to find a balance between protection of personal data and road safety. While awaiting official clarification, motorists continue to adopt these devices, aware of their potential usefulness in the event of an accident..
- Dashcams are neither formally authorized nor prohibited in France
- Images can be used as evidence in criminal proceedings, but their use remains complex in civil proceedings
- Limited retention of records and regular erasure of data is recommended
