Because the legal requirements are not the same across the
United States, drivers should follow these privacy and security
best practices.
3 • Privacy & Security Best Practices
Drivers should only watch, listen to, and share
recordings when there is an incident that necessitates
review (e.g., to support an insurance claim).
In practice, drivers should
› only share video and audio recordings with others,
such as an insurance company or the ride-hail company’s dedicated
safety team, for reasons that align with the reason(s) for recording.
› review the ride-hail company’s community guidelines and data
use policy if using an app-based rideshare service. For example,
rideshare companies often prohibit streaming or sharing recordings
on social media or using a passenger’s personal data for any reason
other than for the purposes of fulfilling safety and security purposes.
› be familiar with the ride-hail company’s dashcam registration process
and how to submit recordings to the company’s support teams.
BEST PRACTICE #2: LIMIT USE & SHARING
Drivers should protect video and audio recordings
through appropriate safeguards. These safeguards
include scheduling times to delete unused footage
and ensuring dashcam footage is encrypted to
prevent unauthorized access during the transmission
and storage of the data.
In practice, drivers should
› read dashcam consumer guides with an eye for privacy-
protecting features. For example, some privacy-protective
features include face blurring, automatic deletion of recordings
on a set schedule, and default password reset prompts.
› purchase and use dashcams with strong privacy and security
settings for the device and a robust privacy policy that provides
clear information on how video and audio recordings are
protected. Some features, such as wi-fi connectivity that allows
recordings to be uploaded to the cloud, may provide benefits
such as conveniently storing and sharing recordings. These
features often create responsibilities for the driver to ensure the
recordings are kept secure.
BEST PRACTICE #4:
USE STRICT ACCESS CONTROLS & SECURITY
Drivers should only record video and audio for
specific and reasonable purposes (e.g., driver and
passenger safety or to support or dispute insurance
or criminal claims). Recordings should be promptly
deleted when no longer needed to fulfill the
reason(s) for the recording.
In practice, drivers should
› configure their dashcam to record on a loop or to automatically delete
videos after a certain amount of time, for example, every 4–6 weeks.
› not keep recordings indefinitely or for reasons not aligned with
the safety and security reasons for using a dashcam. For example,
it is reasonable to keep recordings for as long as is necessary to
support or dispute claims resulting from a crash, an altercation with
a passenger, or a clean-up fee dispute. It is not reasonable to keep
recordings of passengers for personal reasons, such as reviewing
recordings for enjoyment, reviewing recordings to identify a
passenger for personal reasons, or for sharing on social media.
› understand how long the ride-hail company will keep recordings
once they are shared.
BEST PRACTICE #3: KEEP AUDIO & VIDEO
FOR SPECIFIC & REASONABLE PURPOSES
BEST PRACTICE #1: BE TRANSPARENT
Drivers should be transparent about their
use of dashcams by providing prominent
and eective notice. The notice should also
include the reason(s) for recording.
In practice, drivers should
› put recording notices both inside and
outside the vehicle (e.g., a sign that
indicates that there will be video and
audio recording inside the vehicle).
› mount the dashcam in a place that is
clearly visible to passengers.
› consider whether, in some situations, an
oral notification may be appropriate (e.g.,
telling a passenger about the dashcam
recording when they get in the car).
› check into whether the ride-hailing app they are using has
proactive notification features available. For example, Uber allows
drivers to register a dashcam in the settings of the driver app.
When the dashcam is registered, this triggers a notification to each
of their riders to let them know that their trip may be recorded.
IN CAR CAMERA
RECORDING
Audio/video recording for our safety
DASHCAMS
Privacy Considerations
& Best Practices
Some drivers use dashcams in an eort to increase their safety,
security, and peace of mind; as a result, dashcams are becoming
increasingly common in vehicles. Dashcams often record video and
audio continuously while the driver is using the vehicle, and some
dashcams wake up from hibernation while the car is parked and
record the vehicle’s environment in response to activity near the car.
Dashcams raise privacy concerns for passengers and pedestrians,
and the laws about their use are not straightforward.
This resource provides privacy guidance for drivers who use dashcams
to record inside or outside of their vehicles while oering rides as part
of an app-based rideshare or ride-hail service. This resource primarily
focuses on dashcams, but drivers may use other technology for similar
purposes, such as recording apps or functions on their smartphones.
This resource may become outdated and is not intended to convey and does not constitute legal advice or opinions. Readers should consult legal counsel for legal
advice with respect to a particular matter. For more information about state wiretap laws, see https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-
CONVERSATIONS-CHART.pdf Published January 2022
1 • Overview of Dashcams
IN CAR CAMERA
RECORDING
Audio/video recording for our safety
A dashboard camera or dashcam is a video camera
mounted on the dashboard or windshield of a vehicle that
records the road in front of the vehicle. There are also inward-
facing dashcams, which record inside the vehicle’s cabin,
and dual-facing cameras that record both inside and outside.
Drivers often use dashcams to capture unexpected
incidents like crashes. These recordings can be used as
video evidence in insurance or criminal claims. For drivers
who use their vehicles for ride-hailing or other commercial
purposes, dashcams can also help promote accountability
if incidents occur with passengers inside the vehicle.
However, dashcams often include a range of features and
capabilities that can raise privacy and security concerns.
Drivers should be knowledgeable about how recordings
will be stored, as well as be able to configure the settings to
maximize privacy and security.
DASHCAM ADVANCED FEATURES
› 360° Surround View
Some dashcams provide
a 360° view around the
vehicle. These multi-camera
systems may be placed on
various parts of the vehicle
and stitch feeds together to
generate a complete view
around the vehicle.
› Parking Mode
Dashcams with this feature
go into hibernation when
the vehicle is parked. They
‘wake up’ upon detecting
motion or sensing an
impact and begin recording.
Some models can notify
the owner of the dashcam
about an incident and share
footage in real-time.
› GPS and Telematics
Dashcams with GPS and telematics
can record the vehicle’s speed,
location, and driving behavior
(e.g., sudden acceleration or hard
braking). Certain driving events can
trigger videos to be shared with a
third party (e.g., the admin for the
dashcam or an insurance company).
› Infrared LED Lights
Infrared lights provide dashcams
with night vision, enabling
recording in poorly lit conditions,
as well as total darkness.
› Computer Vision (AI dashcams)
Some dashcams use computer vision
to help the vehicle detect potential
risks on the road, road signs, and
high-risk driver behavior, such as
fatigue, distraction, or intoxication.
One-party
consent states
and DC
All-party
consent states
Mixed consent or
unsettled states*
* Drivers in these states should check
their state’s laws for certainty.
Laws Aecting Dashcam Placement
State and federal laws may restrict where drivers can mount dashcams.
Under many of these laws, drivers can comply by placing their
dashcams in places that do not obstruct their field of vision while
staying in clear sight of passengers.
US Federal Audio Recording Laws
Federal laws generally protect the privacy of phone calls and
conversations in the United States and require the consent of at least
one of the parties involved to record (i.e., one-party consent). Federal
laws establish the minimum privacy protections for all wire, oral or
electronic communications. States may impose stricter requirements.
These laws typically apply to audio recorded by dashcams.
US State Audio Recording Laws
The legality of recording audio and conversations diers from state to
state and can also depend on the context. For example, some states
may have both one-party and all-party consent laws depending on
whether the law is criminal or civil and whether the conversation is
in-person or on the telephone. Drivers should also check their state’s
laws regarding admissibility of recordings in civil cases.
› One-party consent states. One-party consent laws permit the
recording of conversations with the consent of at least one of
the parties, which may come from the person recording if they
are part of the conversation.
› All-party consent states. All-party consent laws require that
all parties to a conversation consent to the recording of the
conversation.
› Mixed consent or unsettled states. Some states are considered
“mixed” or “unsettled” because the law’s interpretation is
in flux, when a wiretapping law conflicts with privacy law,
or when the requirement for consent depends on the facts.
Drivers in these states should check their state’s laws for more
detailed guidance and clarity.
2 • Legal Protections & Considerations
Depending on whether the video or audio is being recorded without
consent and where the recording takes place, wiretap laws, privacy
laws, or civil rights laws may not permit audio recording, may provide
individuals with rights, and may place obligations on those collecting,
using, or sharing recordings.
