Do the dashboard cameras need to be approved? The recommendation sent by the Romanian Police

Drivers can avoid many problems, including misdemeanor or criminal penalties, with the help of dash cameras. With the help of the images recorded by these devices, it can be demonstrated, for example, who is to blame for an accident. But do dashboard cameras have to be approved to be used legally by drivers?

Dashboard cameras are increasingly used by drivers in Romania. In general, their role is to record traffic in front of or around the vehicle. And in the event of an incident, I can use these images to clarify who is responsible for that situation.

Or, if you catch a traffic incident, you can make the images recorded with the dashboard camera available to the authorities. And the driver who broke the law can be penalized based on these images.

Is it legal to film other drivers with a dashcam or mobile phone?

According to the GDPR (General Data Protection Regulation), filming and photos taken in traffic are legal if:

• they have the role of proving before the authorities any incidents;
• capture situations that violate the law;
• were not modified.

It is also illegal to post these images on the internet or distribute them in other forms if the identity of the driver can be distinguished. Which means that the license plate number, personal data about the driver or vehicle, the face of the driver or passengers, etc. must be covered.

All this information must be protected and can only be disclosed at the official request of the authorities.

Do the dashboard cameras need to be approved?

A new law, recently entered into force, enables the Police to apply fines based on video images captured in traffic. For now, only aggressive behavior can be sanctioned.

„Preventing and combating violence in traffic is a priority field of action for the Romanian Police, which requires the concentration of institutional efforts, the identification and implementation of new work mechanisms, so that the victim is protected and the aggressor or aggressors are held accountable“, it is stated in an information published on the MAI’s Facebook page.

Thus, an online notification of aggressive behavior can be made on the hub.mai.gov.ro platform, in the “Reports of road violations” section.

This notification must contain:

• the identification data of the person making the notification;
• name, surname and personal code;
• telephone number;
• mailing address;
• affidavit regarding the veracity of the perceived aspects and the video recording;
• the date, time, place or any other elements that lead to the identification of the place where the possible contravention was caught;
• signature.

It is not mandatory for these dashboard cameras to be homologated. The images can also be recorded with a mobile phone or other recording device.

Footage taken with the surveillance cameras of public authorities or private individuals is also accepted.

In what situations can you receive a fine after being filmed in traffic?

Another law, passed this year, states that drivers can be fined based on “amateur” footage if:

„The traffic policeman can establish the contravention of adopting an aggressive behavior in driving vehicles on public roads (…) and on the occasion of verifying the report made by a traffic participant who directly and accidentally perceived the conduct, on the public road, by the driver of a vehicle , of any of the maneuvers provided for in art. 54 par.(2) and captured these aggressive maneuvers in an audio-video or video recording, as the case may be”, it is shown in the project adopted by the Government.

So, in the situation where these images are presented directly to a police officer, prosecutor or judge, they will be considered evidence.