Photos from the scene of a road accident are banned: what Ukrainian refugees in Europe should know

Ukrainians who are in the countries of the European Union under the status of temporary protection often do not realize that their usual actions, such as filming accidents on the phone or publishing photos from the scene of an accident on social networks, can be grounds for criminal prosecution in Europe. Regardless of the intention, even if the photo or video is not intended for publication, it is considered a violation of privacy, an invasion of privacy and, in some countries, an illegal distribution of personal data.

In Poland, the current legislation categorically prohibits photographing or filming victims of traffic accidents. The ban applies to all cases of filming without consent – even for personal use. If someone films the event on a phone without the permission of the victims, he may face a fine of up to PLN 4,000. In the event that a photo or video gets on the Internet – even in private chats or social networks – the responsibility increases: the prescribed penalty is imprisonment for a term of up to three years.

Polish legislation approaches such situations not as “unethical”, but as offenses against the dignity and personal rights of the victims. A victim is considered a vulnerable person, and any attempt to record them without consent — whether their face is visible or not — is interpreted as an invasion of privacy. Even if the victim does not verbally object, this is not legal consent.

At the same time, according to the provisions of the Criminal Code of Poland, witnesses of a traffic accident are obliged to call emergency services by calling 112. Providing assistance or at least initiating it is a direct obligation. If a person deliberately does not call for help or does not try to facilitate rescue, this can be interpreted as inaction in a threatening situation, for which the punishment is also provided – up to three years in prison.

Such a practice is not unique in Poland, so Ukrainian refugees should take into account that in many European countries there is a strict ban on filming accident sites. Violation of such norms in the EU is often punished either by fines or real imprisonment.

In the Netherlands, it is strictly forbidden to film the scene of an accident without the permission of the police. This measure is aimed at protecting the confidentiality of accident participants and preventing interference with the investigation. A fine of 230 euros (over 10,000 hryvnias) was imposed for the violation. The fact of shooting is recorded, even if the photos were not distributed. The police have the right to confiscate the device and make a report.

In Germany, the situation is even tougher. A fine of up to 1,000 euros (over 43,000 hryvnias) or imprisonment for up to two years is provided for recording the scene of an accident on camera. It does not matter if these records have been published. Even saving on the phone is already considered a violation of privacy and personal data. In Germany, the standards for protecting confidential information are very strict, and the police often open criminal cases in such cases.

For Ukrainian refugees, this means that any intervention in the situation at the scene of an accident, other than providing assistance or calling services, must be considered and legally justified. Photos for relatives, selfies from the scene, videos “in memory” or “just in case” – all this is not allowed in Europe and is not considered a violation of ethics, but a potential crime.

In some countries, there have already been cases when citizens of Ukraine became the object of proceedings precisely because of violations of the rules for recording road accidents. Due to legal ignorance and the habit of taking a more relaxed approach to filming in public space, people did not notice the moment when an ordinary action became the basis for a criminal charge.

The rules of behavior in public space, especially in crisis situations, are not the same in different countries. In Europe, the priorities remain confidentiality, protection of dignity and personal data, as well as strict liability for inaction in life-threatening situations.

Ukrainians who temporarily or long-term stay in EU countries should know their legislation well. One excessive action, even without malicious intent, can result in criminal prosecution, while ignorance of the law is not an argument in a European court.