Spain fines driver €1,500 for dashcam filming public road

€1,500 fine for dashcam aimed at the road

A resident of Toledo parked his car on a public street with a 360-degree Xiaomi camera on the trunk shelf. A Guardia Civil patrol spotted it, filed a report, and the Spanish Data Protection Agency (AEPD) sanctioned him with €1,500 for abusa Article 5.1 of the GDPR. The reason: continuously recording public space without justified cause. The ruling, which can be appealed through administrative litigation, has peine a long-dormant debate: can an individual record the street from their vehicle?

The paradox is evident. Dashcams sell for less than €100, became popular in countries like Russia—where their use is mandatory to reduce insurance fraud—and Spain has no specific regulation prohibiting them. However, the AEPD considers traffic control the exclusive competence of Security Forces, arguing that a fixed camera pointing at the road turns the driver into an unlicensed watchman. The document notes that onboard cameras should point "preferably towards private space" and require warning signs for those being recorded, even if the camera is dummy. These requirements clash with the actual purpose of these devices: recording what happens on the road.

What does the law say about recording public roads from a car?

The General Data Protection Regulation states that personal data captured by any recording system must be "adequate, relevant, and limited to what is necessary." The AEPD considers that a fixed camera in a parked car, focusing on the road without specific reason, fails this principle. The initial €1,500 fine sits, according to Agency President Mar España, at the lowest scale for such behavior. GDPR breaches can reach €20 million or 4% of turnover for companies, but the minimum tier was applied here.

Some argue the ruling is easily appealable because the report doesn't prove images were processed, claiming usage was limited to monitoring the vehicle. Others recall that GDPR excludes processing by individuals for purely personal activities. The discussion is set: where does personal use end and video surveillance begin?

Fines for manipulating the camera while driving

The Directorate General of Traffic (DGT) adds another layer. Manipulating the dashcam while driving abusa Article 11 of the Traffic Code, requiring drivers to stay attentive. The penalty: €200 and 3 points off the license. Additionally, if the camera location obstructs vision, fines can reach €100. Thus, even using the camera legally, configuring it while moving is costly.

The DGT equates this distraction to talking on the phone or programming GPS. Daily dashcam users argue it suffices to turn it on before starting and not touch it until parking. The issue arises when the camera remains fixed and recording while parked, exactly what cost the Toledo driver €1,500.

Dashcam use: between judicial evidence and administrative sanction

The utility of these cameras as evidence in accidents or fraud is undeniable. Reports mention a trucker recording another overtaking on continuous line on N230, leading Mossos d'Esquadra to charge the offender based on those images. It is also noted that Spanish judges accept private recordings as evidence, provided they are submitted in advance with detailed transcription. Possession isn't illegal; dissemination without consent is.

The underlying debate is whether current regulations protect citizens or incivil more. Some drivers claim the sanction deters those wanting to record for defense against fraud or theft. Others defend that public space cannot become an uncontrolled stage. The AEPD has made clear that continuously recording the street without justified cause carries a price. The lingering question is how many of those €1,500 will be collected before someone appeals and a judge decides if the trunk camera was a surveillance system or merely a precaution.