Are dashcams allowed in Austria?

Austria and Austrians are known for prioritising their privacy, a cultural trait that can be seen everywhere, from balconies facing courtyards instead of busy streets to Austria being among the last EU countries to allow services such as Google Street View.

Because of this history of privacy-related customs and rules, many foreigners wonder about laws regarding videotaping, particularly the use of dashcams in Austria. 

These video cameras attached to the dashboard of cars are popular in some countries, but rules for their use in Austria are very tricky. As a rule, according to Austria’s data protection authority DSB, “dashcams are inadmissible because the configurations of most common products (recording range, storage duration) unlawfully infringe the fundamental right to data protection of other road users”.

READ ALSO: What happens if you commit a driving offence outside Austria?

However, the authority adds, “Dashcams are not completely illegal—legality must be examined in each individual case.”

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So when are they allowed? 

Five factors are taken into account to determine the legality of a dashcam. First, its purpose. According to the DSB, the dashcam must be used only to do***ent the course of an accident. 

Additionally, the recording of public space—and of the road—must be limited to what is “necessary.” This means that there is no extensive surveillance but that the camera angle is tilted downwards. The camera resolution should also be set “as low as possible so that only a small area around the vehicle can be clearly seen; people or vehicles further away can no longer be identified,” DSB said.

If the images are stored, they should only remain stored for the “absolutely necessary” period. Even accident data may not be stored indefinitely, the authority said. Here, it’s also tricky: you should have a camera that does not make it “easy” for you to permanently keep data (the authority cites cameras that have a simple button to switch off an overwriting process). Instead, you should choose a camera that only storages images automatically, like when there is abrupt steering or braking. 

READ ALSO: What are the rules in Austria for having dogs and cats in your car?

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Similarly, data should be continuously overwritten as long as no accident has occurred. 

Finally, the data should be protected, “ensuring integrity and confidentiality through encryption techniques and access restrictions”. 

How can I be sure to be following the rules?

According to the DSB, if a dashcam’s permissibility is not determined in accordance with the mentioned requirements, the data protection authority can initiate an official review procedure. 

If a person is actually recorded by an unlawful dashcam, they can lodge a complaint with the data protection authority for a violation of their right to confidentiality.

Also, it’s important to note that even if the recording is permissible, this does not authorise the disclosure or publication of the recordings, such as online, for example.