Garage deleting footage from SD card without consent

Estoril Sport

Member
Joined
Nov 13, 2013
Messages
86
Reaction score
13
Country
United Kingdom
Dash Cam
BlackVue DR900S 2CH
I recently dropped of my car for some minor body work, (which did required the car to travel 4 miles away to anther garage for some detailing work) however. After the work had been done and got home I checked the Dashcam footage however for the days the car was with the garage there was not footage at all it had been deleted. I know this as that even deleted video footage before of arrived at there garage! The video footage only started recording just before I was due to pick up the car a few days later!

I have never experience this before, I have not confronted them yet as I would like to know what legal rights they have regarding Privacy regarding video recording whist they are responsible for the car. Thank you.
 
I suppose it works 2 ways with them not wanting you recording in their premises or their driving

Maybe they removed the card so nothing was recorded
 
...I would like to know what legal rights they have regarding Privacy regarding video recording...
I can't speak for UK laws specifically but to the best of my knowledge anyone can legally restrict any activities on private property unless it's otherwise mandated by law. You'll have to get specific legal advice for your area from a knowledgeable professional - internet forums are best for getting speculation and opinions.

In my case I just inform the service facility that I have cameras recording and offer to turn them off if they want (this so they don't attempt to do it themselves and damage something). I've never had them accept my offer.
 
My car just been in the shop, i took out memory card in 2 systems, and removed a 3 one as it have internal memory, and still the mechanic or someone also unplugged, or tried to in one case all he / she did was unplug the rear camera.

Next time i will write a note to the poor PPL too, CUZ i am OK they do not want to be filmed, and if i wanted to film them i would use a far more discreet way of doing it.
 
I would like to know what legal rights they have regarding Privacy regarding video recording whist they are responsible for the car. Thank you.
I think, as the owner of the recording equipment and vehicle, you are responsible for keeping the footage secure and not accessible to any unauthorised persons, and you have a legal duty to do so. They should not have had access to anything not recorded by them. There are exemptions for personal use, but I don't think you can avoid your responsibility to keep the footage secure.

I think it is fine for them to unplug the dashcam or remove the memory card if they want to, while they are responsible for the car, but deleting footage means that they have accessed video from other times, and they shouldn't do that, but I think is your responsibility to prevent them.

So you should have swapped to an empty card when you arrived at the garage, then there would be no privacy issues.

Obviously if you want to be certain about the law, you should consult a lawyer, but I doubt you would get a useful answer, largely because most issues like this one have never reached court, so there is little useful case law yet.

On the issue of if it was OK for you to record them, which maybe what you are asking about? That does not seem clear, but in general, the car was probably in a publicly accessible place, so I assume the law is the same as out on the streets. That is a bit questionable, needs someone to take it to court and find out, but most garages seem to treat dashcams in that way. The only real issue I see is in what you do with the video that is recorded, and I think you certainly shouldn't upload it to youtube without their permission, it should be deleted, probably by loop recording, unless there is a reason to keep it, in which case it should be accessible only to you, and maybe the police. The garage doing the detailing work may be a bit different, since it may not be considered publicly accessible, while any MOT garage, you do have access to, or at least to their live stream cameras so that you can personally see what is happening.

What you should ask yourself, is why did they take the time and effort to delete the footage? Most garages do not do that.
You probably don't want to use them again!
If you are not going to use them again, then an enquiry about the deletion may be interesting, even if not useful. If you do want to use them again, I suggest you forget about it, enquiries are not always forgotten and can have consequences.
 
A garage messed with my dashcam once as well, unplugged the wires and never plugged them back in and I didn't notice for about a week....I was furious. Would they pay to replace it if they break it...I bet not !!! How would they like me to pop onto their CCTV system and delete files because I don't like being recorded !!

I actually take mine out because I don't them anywhere near my dashcams !!!
 
I do the same

Dashcam out
When I had a dash top Garmin SatNav, out
Radio off
Set trip to zero
Wheel lock key on passenger seat
 
There's software that can recovery deleted files but it'll only work if those portions of memory haven't been over written. So you could try that to find out if they unplugged it or deleted, and possibly view the footage.

Autopsy is a free one that is used for digital forensics and not too difficult to use if you're just looking at an SD card.
 
Thread starter Similar threads Forum Replies Date
Skylar132 Dash Cam Discussion 7
Back
Top