BIBA disagrees with the European Data Protection Board’s (EDPB) proposed Guidelines 3/2019 on processing of personal data through video devices.
BIBA has concerns about the application, enforceability and implications for justice arising from these proposed guidelines. Dashboard cameras are commonplace for drivers in the UK and their popularity is growing; one in four UK motorists now owns one.
One reason that drivers may elect to have dashcams is the growth in so-called crash-for-cash frauds in the UK which can take many forms including:
- stopping a vehicle suddenly for no reason in order to cause the car behind to collide with it;
- exaggerating the number of injured parties in a vehicle; or
- following a low-velocity impact; damaging the vehicle further to make it appear to be a higher speed crash.
Cameras which collect the footage before, during and after a collision are essential tools needed by both the insurance industry and police in order to detect and combat fraud. Restricting their use would negatively impact innocent victims and potentially result in increased incidence of this type of fraud.
Liability after a road accident can often be disputed. Dashcam evidence is therefore critical in establishing the cause of a collision and can speed up the claims process.
Part 2 of Schedule 1 of the UK Data Protection Act 2018 lays down the conditions by which the insurance industry (and any other relevant industry) may use the ‘substantial public interest’ condition. This would appear to allow the use of dashcams used for the purposes of insurance and therefore the EDPB guidelines would be incompatible with how the General Data Protection Regulation has been implemented in UK law.
CALL FOR ACTION
For the EDPB not to proceed with their guidelines as proposed and for any future guidelines to take account of the benefits of dashcams in road safety, fraud reduction and evidencing negligence.
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