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Reports in the British press have highlighted statements from a driving expert, Tim Rodie from Motorpoint, who has stated that: “When driving in Portugal, Luxembourg and Austria, it's not permitted to operate a dashcam as they're deemed as an invasion of privacy and carry hefty fines."
According to the National Data Protection Commission, the use dash cam equipment is prohibited, taking into account art. 19 of the national law (law no. 58/2019, of August 8) which implements the General Data Protection Regulation in Portugal: "cameras may not be located: a) on public roads, neighbouring properties or other places that are not the exclusive domain of the person responsible, except where strictly necessary to cover access to the property".
Portugal, together with Austria and Luxembourg, are among the countries where the capture of images using these devices is prohibited, unlike countries such as France, Belgium, Germany, Norway or Switzerland, where their use is permitted under certain conditions and, in contrast with Bosnia-Herzegovina, Denmark, Italy, Malta, the Netherlands, Serbia, Spain and Sweden, where their use is permitted without any conditions, according to a report by Dinheiro Vivo.
The right to image is part of the "catalogue" of rights and freedoms of every citizen. Article 79 of the Civil Code states precisely that no one may reproduce, exhibit or release for commercial use the portrait of another person without their consent. However, the same article refers to the lack of need for consent when the reproduction of the image is framed within public places or facts of public interest that have occurred publicly.
Criminal law provides in article 199 for a prison sentence or fine in cases of recording and using images, without consent, of words not intended for the public or capturing and using photographs or filming of a person, even at events in which they participated. However, Portuguese courts have unanimously assessed the value of images captured by private individuals on public roads using video surveillance cameras as evidence of a criminal offence, based on a case-by-case analysis, safeguarding the core of a person's private life and the processing of which does not involve so-called sensitive data.
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Does this imply that all vehicles with cameras on them (e.g. Tesla) illegal in Portugal? For how long does a Tesla store images?
By Tom from Lisbon on 12 May 2025, 13:09
Good luck enforcing a law that the govnerment is breaking itself. Lookat all the cameras placed on corners in streets and city centers without any warning or concent of those who live there. Then all modern cars come with multiple cameras build in. Are they going to prohibit them? But most important argument is, traffic safety, or lack thereof. If the police would actually do their job, we don't have to do it for them. I hate those cameras aswell but this country needs them more than any other in the EU if it comes to road safety.
By Mart from Other on 12 May 2025, 13:26
It would improve the road safety in Portugal if they were allowed. The driving in this country is horrible and is one of the absolutely worst in all of Europe. So make it legal so the crazy drivers could be prosecuted. It is badly needed to be able to clean up the dangerous drivers in Portugal.
By Martin from Algarve on 12 May 2025, 13:42
This rediculous law reminds me of the law not too long ago that made it illegal to have your car lights on during the day. Although THE WHOLE WORLD was embracing daytime driving lights, Portugal was giving tickets for those doing so. Why are our political leaders always so backwards?
By Paulo from Algarve on 13 May 2025, 10:19
GDPR:
'Article 2
1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.'
A dashcam is not a filing system.
'2. This Regulation does not apply to the processing of personal data:
(c) by a natural person in the course of a purely personal or household activity;'
So if a natural person in a private car uses a dashcam without using the recordings improperly, this is outside the scope of the GDPR.
The GDPR is a Regulation and as such directly applicable in all Member States without any need for implementing law, so why has Portugal wasted time on an implementing law? And how can such an implementing law implement something that the underlying Regulation does not say?
Unfortunately, this is more of the widespread administrative and legal incompetence we occasionally find in this otherwise pleasant country.
After some muppet reversed into my immobile car at a car park and then left, me having to follow him until he stopped, I will be installing a dashcam soon.
By Thomas Frost from Porto on 13 May 2025, 10:22
As previously stated, if CCTV is being allowed in several cities / towns now the law should be changed to allow cameras in vehicles. It can also assist in providing valuable information when any insurance claim is in dispute. For example many drivers, not just Portuguese, fail to indicate their intended direction of travel.
By Steve from Algarve on 13 May 2025, 10:31
This is complete rubbish. Before fitting my first DashCam, I visited my local police, who told me there was no reason I should not have one.
I have subsequently used the pictures from it twice, once in court, where the images were shown on a large screen, which helped me win the case and once for my insurance company to prove that an accident I was involved in was not my fault. The police had investigated this accident, but their report was inconclusive, according to my insurance company. I believe they were inclined to try and help the other driver, who was Portuguese.
Every Expat in Portugal should have a Dashcam as the standard of driving here is appalling, and in my experience, the police don’t like immigrants. And, it is perfectly legal to have one.
By Edmund from Lisbon on 13 May 2025, 10:52
As usual here in Portugal the laws are designed to help those breaking the law instead of catching them. Its a complete joke that dashcams are legal and yet every single day we see people using their phones to take photos which, very often, will include passers by. I don't see the police stopping people using their mobile phones.
As ever another utterly stupid Portuguese law.
By Tony from Lisbon on 13 May 2025, 12:08
I lived in the Algarve now for nearly 40 years and have always felt safer driving here than most other countries in Europe or Britain. But as always, (us) Brits just love to moan about this beautiful country who embraced us without prejudice.
By Jon from Algarve on 13 May 2025, 14:07
Dash cams is a no but the proliferation of cctv cameras in every inch of our streets is fine??? Apparently, Portuguese vehicles in *public* roads have more privacy rights than individuals
By nunof from Lisbon on 13 May 2025, 14:27
My car has a built in Dashcam (from new in 2019), I was once asked by the GNR to provide the video of a crash I saw. They later asked for it again, to prosecute the offenders who they had found. They told me, it is not illegal to have it or to hand over to legal authorities such material. But, it is illegal to publish anything online without consent (e.g. Facebook). Two different GNR officers ahev told me this. By the way this is also true of any recording, including tourists taking pictures at the beach and capture someone else in the picture. Although, I personally think Portugal needs to downgrade the importance about data protections (mor einline witht he rest of the EU), yes they are important, but I do not think they should be more important than protecting or enforcing the laws of the country.
By Lindsay McCaughey from Algarve on 14 May 2025, 07:02