LATEST TWEETS
Privacy rights and aerial images
Drones or Unmanned Aerial Systems (UAEs) have become increasingly popular and are now being sold online or on the high street in the thousands. However, because most drones have cameras fitted which record and store footage captured from the air, they can also present considerable privacy and data protection risks.
The privacy of individuals is likely to be invaded when drones capture footage of them in their home or gardens or other places where they have a reasonable expectation of privacy. The Information Commissioners Office (ICO) recommends that users of drones with cameras should operate them in a responsible way to respect the privacy of others. It is advised that drone users should consider their surroundings and should avoid hovering outside people’s windows or over their back gardens. The UK Government advises that drones should not be flown within 50m of a person, vehicles or building not under the pilot’s control. The Civil Aviation Authority regulates all aspects of drone use.
It is immaterial whether a person is included in the footage unintentionally rather than deliberately. In fact, in 2014 in Australia an estate agents firm used drone footage on a billboard to advertise a house for sale which inadvertently included an image of a topless sunbathing neighbour in her adjoining garden. The advertisement was removed when they were alerted to the infringement of privacy.
Unless there is a strong justification for doing so, and it is necessary and proportionate, drone recording should not be continuous. To reduce the risk of infringing the privacy of nearby individuals it is preferable for the device to have a camera on/off button which can be operated remotely.
It is also important to check the images carefully for private information before a decision is made to publish them online or elsewhere. If you are intending to share the images on social media then it is sensible to avoid posting any that could have unfair or harmful consequences.
The ICO also advises that if a drone has a camera, its use has the potential to be covered by the Data Protection Act 2018. This will include images of people and also information about people that is derived from images, such as car registration numbers. Individuals or organisations who use the device for professional or commercial purposes will need to comply with data protection requirements. The ICO Code for Surveillance Cameras and Personal Information (https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf) recommends the use of a privacy impact assessment to evaluate whether the proposed use of the drone is necessary and proportionate.
It is essential to ensure that any data which has been collected by the drone is stored securely, for example by using encryption or another appropriate method of restricting access to the information. In addition, data should be retained for the minimum time necessary for its purpose and disposed of appropriately when no longer required.
Last month, Splash News and Picture Agency Limited apologised and agreed to pay substantial damages to the Duke of Sussex after using a helicopter to take photographs of his private home in the Cotswolds. The helicopter flew over the home at low altitude in order to take photographs of and into the living and dining area of the home and the bedroom. The Duke of Sussex claimed that this was a misuse of his private information, a breach of his right to privacy under Article 8 of the European Convention of Human Rights and a breach of the General Data Protection Regulation and Data Protection Act 2018.
Netrights lawyers can advise you if you have had your privacy breached by images from a drone or other aerial device. We can also help if you or your organisation want to start using drones without falling foul of privacy or data protection laws.
Laura Baglow is head of NetRights, the Social Media, Internet and Media law department of Parnalls Solicitors. For legal advice and assistance with drone footage or other images or footage please contact enquiries@netrights.co.uk or telephone 01566 772375. Find out more about NetRights here.
The contents of this article are for purposes of general awareness only and do not constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
MORE NEWS
Is your reputation being threatened?
Making a will after your spouse or partner has died
Interns celebrate completion of internship at solicitors
Selling your home in a flat market, some top tips
Claiming compensation for a serious road traffic accident
New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow
Has your personal information been shared without your permission?
Planning your escape to the country, what you need to consider – part 2
Government consultation on new national model for shared ownership
Choosing a partnership structure
Planning for what happens when you die by Deborah Adams
Changes to legislation could offer protection for tenants in the private rental sector
Move to the country - Part One
The risks of DIY probate
Will your septic tank still be legal in January?
The death knell for ‘kiss and tell’?
Making a will when you retire
Selling your property at auction
Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures
New threshold of seriousness in defamation proceedings
Legal considerations when building a granny annex
Choosing the right person for your power of attorney
Formal Interviews - Do you need legal representation?
Privacy rights and aerial images
Trustees’ duty to give information to beneficiaries
Five problems with a leasehold property
Taking your first commercial lease
Is your organisation protected from employee social media legal risk?
Have you been targeted by negative social media posts?
Farmers be alert when being inspected
Help for House Sellers?
Don’t let your digital assets end up in a digital grave
Valuing an estate for probate
Development proposals and your local authority search
What can you do if your child is injured in a serious accident
NetRights welcomes new protection for social media users
SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?
Supreme Court recognises that social media is a “casual medium” in libel battle
Choosing the best conveyancer who is right for you
Making a will after a second or subsequent marriage
Option or promotion agreement – which is best for landowners?
Anonymous pub and restaurant online reviews leave a bad taste
Have you had an accident involving a horse?
Help to Buy – beware of some cracks in the structure
Understanding Lasting Powers of Attorney
Changes to Energy Performance Certificate for Landlords
Had a cycling accident? Your route to obtaining compensation
New year, new home: tips to sell your home in the New Year
Tax Planning for your inheritance
Hearing loss: when your employer may be liable
Buying a home for your retirement, five things you need to consider
Farmers plan to diversify after Brexit
Ministers press ahead with probate fee shake-up - reports BBC News
Botched dental treatment? You may be entitled to compensation
Why a Health and Welfare Power of Attorney is a good idea
Will the new charge on building developments in Cornwall affect you?
Energy Performance Certificates – Do They Matter?
HMRC Challenging Stamp Duty Land Tax Payments
Ben Mitchell qualifies as a solicitor
The potential implications of Brexit on employment law
Appointing a guardian for your children
Houses in multiple occupation – new rules from October 2018
New Agriculture Bill published
Will Brexit affect my pension?
Dreaming of a holiday home? Sort out the legals before putting your feet up
Lasting Power of Attorney by Deborah Adams
Settled status after Brexit by Alexis Hager
How to choose an executor to administer your estate when you die
How overage agreements can boost profits from your land
Top tips for first-time buyers
How Could Brexit Affect My Farm?
Wills & Succession in Spain by Deborah Adams
Brexit – an international and local view by Alexis Hager, Litigation
Capital gains tax - important facts for non-residents of the UK
Buying a home: the importance of making sure the seller is entitled to sell
Changing a will after someone has died: it is possible and it could save you money
Your responsibilities when you have people working in your home
Sad passing of Battle of Britain pilot who served with Parnall family member
Considerations when buying a heritage property
Disciplinary proceedings at work: guide for employers
Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.