Sunday, April 11, 2021

Is It Legal to Wear a Sports Camera on My Helmet?

Is It Legal to Wear a Sports Camera on My Helmet?   Nowadays, it’s not surprising anymore to see a biker who has a sports camera...

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Is It Legal to Wear a Sports Camera on My Helmet?

Is It Legal to Wear a Sports Camera on My Helmet?

 

Nowadays, it’s not surprising anymore to see a biker who has a sports camera or GoPro included in his helmet.

At present, it is possible to access images of any event that happens and motorcycles are not an exception.

However, although these types of devices and motorcycles are a socially accepted tandem, many questions arise about whether it is legal or not.

Some of the doubts that arise around this issue are related above all to the danger that the mounting of an external device can cause, either on the helmet or on the motorcycle itself. Likewise, there is also some controversy with the use that can be given to the images that are recorded during the journeys in which other road users appear.

What does the law say about wearing a GoPro on a motorcycle?

Although a priori this practice may be harmless, in the Data Protection Law we find certain restrictions in this regard. For this reason, for example in Spain it is not allowed to have a sports camera installed in the helmet to record everything that happens around while riding a motorcycle.

The reason is because when carrying a GoPro, not only data from the environment is obtained, but also personal information of other users appears in the recordings who have not given their prior consent to appear in them. In these images people are reflected, but also license plate numbers, company brands, etc.

According to article 6 of the Organic Law on Protection of Personal Data and guarantee of digital rights: “in accordance with the provisions of article 4.11 of Regulation (EU) 2016/679, consent of the affected party is understood to be any manifestation of free will, specific, informed and unequivocal by which he accepts, either through a statement or a clear affirmative action, the processing of personal data that concerns him. Thus, in the recordings that are made from a vehicle, none of the exposed persons has given their authorization for any information related to her to appear.

Similarly, neither sports cameras nor any other means can obtain images of public spaces, except when it comes to surveillance work. In case of doing so, it would be necessary to comply with all the requirements established by the regulations on the right of users to decide on the processing of their personal data, which in the case of a motorcyclist at a private level is unfeasible.

Other cases where a sports camera is illegal

In addition to the aforementioned data protection, in the event of installing a video camera on the helmet or motorcycle, it is also considered illegal if the assembly implies a change in the structure of the same. If the installation affects the helmet, it not only loses its approval, but its effectiveness when protecting in an accident is reduced.

In the same way, the GoPro cannot occupy a space where the correct visibility of the driver is impeded or prevents them from seeing an important part of the motorcycle to ride.

Besides cameras, the market is full of different motorcycle intercom systems, which instead of sports cameras are legal and may increase the riding safety taking it to the next level.

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