Dashcam Dilemma: Legal or Not in Portugal?

dasheliza

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@tchavei
I wonder if you could skirt the law by using a GoPro, or an old smartphone.
If you get stopped by the police just say;
“Do you know who I am? I’m an American Tourist” and flash your passport. lol

 
If you get stopped by the police just say;
“Do you know who I am? I’m an American Tourist” and flash your passport. lol
That is not good advice, much better to claim that you are Canadian.

is it true that dashcams are illegal in Portugal due to privacy laws?
There are several European countries where they can be found illegal by the courts, but people use them anyway. Just use a discrete dashcam, don't point it out if you have an accident, and don't publish any video that shows people's faces or license plates until you have left the country! You are not going to get into trouble for having it, only for what you do with the footage.
 
@tchavei
I wonder if you could skirt the law by using a GoPro, or an old smartphone.
If you get stopped by the police just say;
“Do you know who I am? I’m an American Tourist” and flash your passport. lol

Thanks for the reply! While a GoPro or old phone might be technically smaller and less conspicuous, I'd prefer to avoid any potential issues with the law, especially while traveling as a tourist. The short video was hilarious, thanks for the laugh!
 
I'd prefer to avoid any potential issues with the law, especially while traveling as a tourist.
After I saw your post I googled "Portugal dash cam law" and found;
1.) Yes, dash cams are illegal.
2.) Possession of a dash cam may get you arrested, or fined.
This is for the locals, I can only imagine tourists would be treated worse.
But according to Nigel you should be "fine". lol
 
This is for the locals, I can only imagine tourists would be treated worse.
But according to Nigel you should be "fine". lol
As a tourist, you will get away with a warning for a lot of things, unless you are from the EU, in which case they will have no difficulty collecting the fines! In Portugal, I would be very surprised if you were treated worse for being a tourist.

There are people on this forum who are from Portugal and do use dashcams. The legality, as far as I am aware, is only about what you use the video for, not for having a dashcam in the car. There are a number of EU countries that do not allow the use of dashcam footage in court, and where publishing footage, from which people can be identified, is a serious problem. The same law will apply to using a phone camera to record tourist sites!
 
If dashcams are illegal in Portugal i assume Tesla care are too as they are brimming with cameras.
Also i would assume there are no google street view on Portugal, CUZ that would be surveillance too.

No problem in Denmark, though there might well be a problem if you use parking guard, or at least a mode like low bitrate that actually record all the time and so in essence do surveillance of a public area.
Also Denmark much better than Portugal, but probably not as warm no matter the time of the year.
 
I know right after posting i remembered that a while back i wanted to take a look at the Lisnave shipyard in Lissabon, but it is now way outside of town, even Copenhagen bar a little down the road is gone.

I think using a dashcam will be fine down there. at least it is civilized PPL so will not throw your into a dark cell.
 
That is not good advice, much better to claim that you are Canadian.


There are several European countries where they can be found illegal by the courts, but people use them anyway. Just use a discrete dashcam, don't point it out if you have an accident, and don't publish any video that shows people's faces or license plates until you have left the country! You are not going to get into trouble for having it, only for what you do with the footage.
Great insights, @Nigel! Your advice on discretion is spot-on—using a discreet dashcam, avoiding publicizing sensitive footage, and respecting privacy rights are crucial.
 
After I saw your post I googled "Portugal dash cam law" and found;
1.) Yes, dash cams are illegal.
2.) Possession of a dash cam may get you arrested, or fined.
This is for the locals, I can only imagine tourists would be treated worse.
But according to Nigel you should be "fine". lol
Thanks for the help, @Panzer Platform! I didn't know just having a dashcam in Portugal is that serious of an offense, leading to a fine or even being arrested. I would definitely not take my chances, so I'm changing plans. I'm planning on getting the services of a local guide with a private car, similar to what's offered on "private car tours," https://gowithguide.com/portugal/guides instead of renting a car. I know this might not be the best place to ask this kind of question, but I'll ask anyway in case someone has some insights: Does anyone have experience in getting a local guide with a car in Portugal or in Europe?
 
I found this additional information about Portugal from the US State Department;

Filming and photographing the police or military and certain buildings in Portugal is illegal and could lead to arrest or detention.
Pepper spray is illegal and will be confiscated. Persons carrying it are subject to fines or prison.

Screenshot 2024-03-14 8.25.29 PM.png
 
I didn't know just having a dashcam in Portugal is that serious of an offense, leading to a fine or even being arrested.
Although the press have published a number of articles saying that, I don't believe it is true! The only relevant laws appear to be data protection laws, and they are not going to get you arrested for possession of a dashcam.

There is of course a question of why you would want a dashcam if footage can't be used in court, but I expect the insurance companies would accept it.

I know this might not be the best place to ask this kind of question, but I'll ask anyway in case someone has some insights: Does anyone have experience in getting a local guide with a car in Portugal or in Europe?
I've been in taxis in Portugal, I would rather drive myself!
For some reason they never use the handbrake, holding the car stopped on a hill is done with the clutch, and they have some quite steep hill starts! That was a while ago, but it probably hasn't changed much.

Filming and photographing the police or military and certain buildings in Portugal is illegal and could lead to arrest or detention.
Pepper spray is illegal and will be confiscated. Persons carrying it are subject to fines or prison.
That is true in most countries when you are near military or high security establishments.
 
As a tourist, you will get away with a warning for a lot of things, unless you are from the EU, in which case they will have no difficulty collecting the fines! In Portugal, I would be very surprised if you were treated worse for being a tourist.

There are people on this forum who are from Portugal and do use dashcams. The legality, as far as I am aware, is only about what you use the video for, not for having a dashcam in the car. There are a number of EU countries that do not allow the use of dashcam footage in court, and where publishing footage, from which people can be identified, is a serious problem. The same law will apply to using a phone camera to record tourist sites!
That’s a really interesting point about the privacy laws in the EU. It makes sense that the same principles would apply to dashcams DSLRs and phone cameras. It’s all about respecting individuals’ privacy, regardless of the device used to record. It’s definitely something to keep in mind for anyone planning to document their travels in Portugal or elsewhere in the EU.
 
If dashcams are illegal in Portugal i assume Tesla care are too as they are brimming with cameras.
Also i would assume there are no google street view on Portugal, CUZ that would be surveillance too.

No problem in Denmark, though there might well be a problem if you use parking guard, or at least a mode like low bitrate that actually record all the time and so in essence do surveillance of a public area.
Also Denmark much better than Portugal, but probably not as warm no matter the time of the year.
One reason Google Street View might be comfortable operating in Portugal is their automatic blurring of license plates and faces. It seems like a pretty robust system, although there could always be occasional glitches.

On Teslas, while I don't own one myself, I've heard that the camera footage isn't actually stored on the car. Apparently, it's just used for real-time processing, which sounds reassuring from a privacy standpoint.
 
That’s a really interesting point about the privacy laws in the EU. It makes sense that the same principles would apply to dashcams DSLRs and phone cameras. It’s all about respecting individuals’ privacy, regardless of the device used to record. It’s definitely something to keep in mind for anyone planning to document their travels in Portugal or elsewhere in the EU.
We have pretty much the same data protection/privacy laws in the UK as in EU countries, from our time in the EU. The only real difference is in how those laws are interpreted in the different countries. In UK there is no problem unless the video is published, and if using a camera at a tourist/public site, the problems arise only if an individual becomes the subject of the video rather than them just being identifiable, and even then it is hard to get any sort of conviction. For a dashcam, the rules are probably the same although I don't think it has been properly tested in court yet. Business and home CCTV recordings however seem to be being treated somewhat differently since the purpose of such a system is clearly for security and nothing else, and so under the data protection act you are not supposed to keep security recordings for longer than necessary, and you have a duty to keep them secure. Potentially the same rules could be applied to dashcams if there was a bad court case which decided that, however I use a dashcam to record my trips as a tourist, so the rules should stay the same as for DSLRs and phone cameras.

On Teslas, while I don't own one myself, I've heard that the camera footage isn't actually stored on the car. Apparently, it's just used for real-time processing, which sounds reassuring from a privacy standpoint.
There is a Tesla dashcam function *Sentry Mode" which does record within the car. Not sure what the legality of using it is in Portugal, but I think it only keeps one hour, and in some places may only record if it detects someone at the vehicle, so it may comply with CCTV laws. In Portugal you will not be allowed to publish the recorded footage without blurring plates and faces like Google Street View does.
 
I know right after posting i remembered that a while back i wanted to take a look at the Lisnave shipyard in Lissabon, but it is now way outside of town, even Copenhagen bar a little down the road is gone.

I think using a dashcam will be fine down there. at least it is civilized PPL so will not throw your into a dark cell.
You seem to be a well-traveled person, @kamkar. Thanks for the suggestion on a safe place to use a dashcam. However, I think it would be nice to experience driving old-school without a dashcam, or to hire a local guide with a car. At least if the guide has a dashcam, it would be the guide who will be fined, not me. :)
I also think even if Google Street View is available in Portugal, it will not be very up-to-date. I wouldn’t want to trust it when searching for restaurants or bars.
 
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