Yes, dashcams are legal in Austria under strict privacy and data protection laws, but their use is heavily regulated by the Austrian Data Protection Authority (Datenschutzbehörde, DSB) and the Bundesgesetz über den Schutz personenbezogener Daten (DSG 2018). Continuous recording without consent violates GDPR and Austrian privacy statutes, risking fines up to €10 million or 2% of global turnover. The DSB’s 2023 guidance clarifies that dashcams may only capture footage necessary for accident reconstruction, not for surveillance or entertainment. Compliance with the 2026 EU AI Act further restricts AI-powered dashcams processing biometric data without explicit user consent.
Key Regulations for Dashcams in Austria
- Consent and Proportionality: Recording must be limited to public roads, with no audio capture unless justified by a legitimate interest (e.g., traffic incident documentation). Continuous, indiscriminate recording is prohibited under § 12 DSG 2018 and GDPR Article 5(1)(c).
- Data Storage and Retention: Footage may only be stored for the duration required to resolve a legal dispute (typically 7–30 days). Unauthorized sharing or uploads to cloud services without anonymization violate § 16 DSG 2018.
- Signage and Transparency: Vehicles equipped with dashcams must display visible signage (e.g., “Videoüberwachung”) per § 53 DSG 2018. Failure to inform third parties of recording constitutes a data protection breach.