Are Dashcams Legal in France?

Key Takeaways

The use of dashcams in vehicles is not specifically regulated in France. However, the use of recorded footage must comply with the right to privacy, personal data protection regulation, and the rules of admissibility of evidence.


Dashcams are onboard cameras installed on a vehicle’s dashboard or windshield, or worn on the helmets of cyclists and motorcyclists. (1) Designed to record journeys and road incidents, dashcams can serve as valuable tools for documenting the causes of an accident. However, their use raises legal concerns: Are these devices truly permitted? What are the legal conditions governing the use of their recordings?

The purpose of this article is to look at the legal framework applicable to dashcams in France and clarify the conditions under which these devices may be lawfully used.


1. No Specific Regulation, but Ancillary Laws Apply

    1.1 Definition of Dashcams and Modes of Use

Dashcams are cameras that continuously record the road from a vehicle’s dashboard or windshield. These cameras capture the vehicle’s surroundings, including other vehicles, their drivers and passengers, as well as pedestrians - from the driver’s perspective. Some models also record the interior of the vehicle, including conversations between passengers or even phone calls.

Dashcams can serve road safety purposes and provide evidence in case of an incident.

The recorded footage may be used for personal purposes, submitted to insurance companies or law enforcement in the event of a dispute, and in some cases posted online.

Unlike certain countries that prohibit or regulate the use of dashcams, France currently has no law specifically governing or banning dashcams. (2) However, their use is subject to related legal frameworks concerning the right to privacy, personal data protection, and the admissibility of evidence in court.

    1.2 The Recordings are Strictly Regulated

Installing a dashcam in a vehicle is permitted as long as it does not obstruct the driver’s view or interfere with driving, in compliance with the French Highway Code.

Additionally, filming public roads from a private space (one’s vehicle) is allowed. However, such recordings must not infringe on the rights of third parties, particularly when they capture identifiable data such as license plates, images of passengers in other vehicles, or pedestrians.


2. Conditions for Using Dashcam Recordings

    2.1 Right to Privacy and Right of Publicity

Under Article 9 of the French Civil Code, “Everyone has the right to their privacy.” This right to privacy means, for example, that recordings must not be used for unauthorized surveillance. A dashcam must not be used to spy on other road users or to record private conversations inside the vehicle without the passengers’ knowledge.

Furthermore, Article 226-1 of the French Penal Code prohibits recording or distributing images or conversations that infringe on someone’s privacy without their consent or without their knowledge. This prohibition also applies to tracking or locating individuals.

If a dashcam only records public roads and does not intentionally focus on a particular person, it does not directly violate this provision. However, if the camera captures an identifiable individual in the street, inside another vehicle, or within a private residence, the recording could be deemed unlawful.

Although recording is the primary function of dashcams, many drivers regularly upload these videos online.

When publishing dashcam footage on social media, users must comply with the right of publicity. The prior consent of any identifiable individuals appearing in the footage (or their parents, in the case of minors) is required before uploading the content. If consent cannot be obtained, faces, license plates, and other identifiable elements must be blurred unless the individuals are not recognizable.

Violating the right of publicity is punishable by a fine of up to €45,000 and one year of imprisonment.

    2.2 Protection of Personal Data

In a ruling dated December 11, 2014, the Court of Justice of the European Union (CJEU) confirmed that the operation of a camera installed by a private individual on their home, which also monitors public space, is subject to personal data protection regulations. (3)

Since dashcams record footage of public roads, and these recordings may include personal data - such as identifiable faces and license plates, they fall under the scope of the GDPR.

Drivers using dashcams are considered data controllers under the GDPR. As such, they must comply with at least the following obligations:
     - Legal Basis for Processing: the use of dashcams could be justified under the legitimate interest of the driver;
     - Purpose of Processing: dashcam recordings are primarily intended for road safety purposes. Using the footage for other purposes - such as sharing on social media or commercial exploitation, could constitute a misuse of purpose;
     - Informing the Data Subjects: since obtaining consent from individuals before recording is impractical, it would be appropriate to inform them, for example, by placing a visible sticker on the vehicle indicating the use of a dashcam;
     - Limited Data Retention: dashcam recordings are usually automatically deleted once the device’s memory is full. In any case, videos should be erased within a short period (e.g., 24 to 48 hours) unless an incident has occurred. In the event of an accident, the retention period may be extended if the recording is needed as evidence;
     - Data Security: the driver is responsible for ensuring the security of recorded data. This includes securing access to the dashcam, especially if the device is connected, until the recordings are deleted;
     - Anonymization of Personal Data: before any public dissemination of footage, identifiable faces and license plates must be blurred to protect personal data.

Additionally, companies using dashcams in professional vehicles must outline their conditions of use in their internal data protection policy. It is essential to ensure that the intended purpose of the recordings is not misused for driver surveillance, such as monitoring working hours, trip durations, routes taken, or in-vehicle conversations.

    2.3 Admissibility of Dashcam Recordings as Evidence

The admissibility of dashcam recordings varies depending on the legal context:
      - In criminal proceedings: Article 427 of the French Code of Criminal Procedure establishes the principle of freedom of evidence. This means that the courts may accept recordings even if they were obtained unlawfully or unfairly, without the consent or knowledge of the individuals involved;
     - In civil proceedings: the admissibility of evidence is subject to fairness and respect for the fundamental rights of the data subjects. (4) Any evidence obtained unfairly (e.g., without the knowledge of the data subject) will, in principle, be deemed inadmissible in court;
     - In insurance claims: some insurance companies encourage their policyholders to use dashcams, occasionally offering a discount on insurance premiums. Dashcam footage may be used as evidence in the event of an accident, although filing an accident report remains mandatory. The legality of this practice may be questioned unless the driver informs the other party involved in the accident that a dashcam was used and that the footage will be submitted to the insurance company.


    Dashcams are neither prohibited nor specifically regulated in France. However, their use is subject to various regulations, particularly those governing the right to privacy and personal data protection. Additionally, dashcams are restricted or regulated in certain countries, meaning their use must be carefully considered and properly managed when traveling abroad to ensure compliance with applicable laws and avoid legal violations.

* * * * * * * * * * *

(1) The term dashcam is a contraction of the English words “dashboard” (tableau de bord) and “camera”.

(2) Several countries, including Austria, Luxembourg, and Portugal, prohibit the use of dashcams. In Germany, continuously recording dashcams are banned, with fines reaching up to €300,000. Only dashcams that record short sequences triggered by events, such as sudden braking, are permitted. It is therefore advisable to check local regulations before using a dashcam outside of France.

(3) CJEU, Case C-212/13, December 11, 2014.

(4) See Article 9 of the French Civil Code and the reference to the right to a fair trial as established in Article 6 of the European Convention on Human Rights.


Bénédicte DELEPORTE
Avocat

Deleporte Wentz Avocat
www.dwavocat.com

February 2025