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by closewith 1047 days ago
As other have pointed out, the rules on photography vary from country to country within the bloc. However, the rules governing data protection and the processing of personal data (including photos) come from the GDPR, and very basically say that any processing of personal data requires a valid legal basis.

There is an exception for personal use - the household exemption - but as soon as you cross the line into commercial operations or certain activities such as publishing, creating databases, etc, you lose the benefit of that exception.

That doesn't mean you can't continue, just that you now need a legal basis and need to follow the rules (inform data subjects, allow the right to be forgotten, etc).

So in general, dashcams are fine (unless a local law prohibits them) as you have a legitimate interest in recording your driving in case of an accident. Creating a facial recognition or ANPR database with the same footage would be unlawful, however.

1 comments

Why is A[LN]PR unlawful for private citizens to perform on their own footage? (e.g. using https://www.openalpr.com)
It's unlawful as it means you lose the household exemption, and so need a legal basis for the processing. You also need to inform others of the data collection in advance, the purpose for which the data is collected, and the contact details of the data controller.

Private ANPR-equipped vehicles are rare (and outright illegal in some EU states), but when you see them they'll have large decals with the above information on all sides.

Facial recognition is considered biometric data, which is special category data under the GDPR and forbidden to process except in very strict circumstances. Apart from law enforcement/government, it is more or less impossible to lawfully process biometric data with informed consent from the data subject. The household exemption does not apply.