Thanks for the up date.
This law makes videos on YT illegal too?
Just like this
one, or
this.
Plus there is the
live web feeds from the country.
The reference from above is quoting the position of the data protection officer, it is not law. His task is to raise awareness about sensitivity of data in use.
For the legal part:
As a basic principle around Europe, filming for private purpose is always permitted. Also in Austria.
See here a quick find from the Austrian highway operations company:
http://www.asfinag.at/newsroom/news.../content/dashcams-im-auto-–-was-ist-erlaubt-?
Google translate:
https://translate.google.ch/translate?sl=de&tl=en&js=y&prev=_t&hl=de&ie=UTF-8&u=http://www.asfinag.at/newsroom/newsarchiv/-/asset_publisher/47582/content/dashcams-im-auto-–-was-ist-erlaubt-?
Also this is an interview from public TV with the Austrian data protection society who states it is not allowed to use such recorded material like for insurance claim. When publishing it to YouTube on a private basis, one would have to anonymize it.
The situation in Austria is a bit very special, as the data protection agency declared the use of DashCam to require to register it for operation. This is interpretation of law only, but the agency has a strong standing in the country. There has been one case only so far where this was asked and there has been no formal decision yet whether this claim is legitimate. Also it is questionable this claim would extend to private cars of foreigners traveling the country.
Beyond pure operation, in general, the challenge comes from when you are going to publish the material, like posting to YouTube.
This will start to be dependent to country law.
In some countries Germany and Switzerland we know the term "Panoramafreiheit". This grants you the right to use (e.g. publish) your work (e.g. recording) if an identifiable person or object is not put into the focus of attention but rather is a regular part of a broader aspect of the scenery.
One can read more detail on this at
https://en.wikipedia.org/wiki/Freedom_of_panorama (in German:
https://de.wikipedia.org/wiki/Panoramafreiheit )
In any case, if someone would claim an infringement on his personal rights, the case would need not only be made up from the infringement itself but also from the damages created. For a plain road trippin' video, this will hardly ever be a relevant scenario to come to play therefore.
One very recent discussion is found here:
http://autorevue.at/ratgeber/dashcam-oesterreich-verboten-oder-erlaubt
The ÖAMTC is the largest motorist association, like the AAA in the US. Their chief law representative states: if your video is taken just for private use one is not violating law even if other persons or vehicle license plates are recognizable. Only the publishing of such without blurring would be.
The article states DashCams to be fully legal in Bosnia, Denmark, France, UK, Italy, Malta, Netherlands (private use), Norway, Serbia and Spain. For Belgium, Germany, Luxemburg, Portugal, Sweden and Switzerland the data protection laws have to be observed before publishing.
The other thing is about the use of recorded material as evidence in court. This is totally up to country legislation. In Switzerland it is legal to bring this evidence, the judge still will decide if it is permitted. In Austria right now it is legal only if you were permitted by the data protection office to operate it.
I've had to clarify the issue once a few years back after publishing a book about some road trips. After consultation with my lawyer specialized in media law, the counter-party who was concerned about a visible license plate refused to take legal action.