Drone users warned they must comply with privacy laws

Those who use drones to capture personal information such as images of people’s faces or car registration plates have been warned they have to comply with privacy laws as well as aviation regulations.

New guidance on the use of so-called remotely piloted aircraft systems (RPAS) was published by the Data Protection Commissioner on Monday.

Gardaí are anticipating an increase in complaints about their use in both urban areas and restricted air space as the devices become cheaper and grow in popularity.

About 5,000 of them are in use in but this is expected to increase sharply as they will be widely given for Christmas presents this year.

Legislation governing drones was published last week and their use is primarily regulated by the Irish Aviation Authority.

Data Protection Acts

The commissioner’s office said on Tuesday that anyone intending to use a drone should ensure it does not inadvertently capture personal data from third parties, as the Data Protection Acts would apply.

Personal data would include facial images or car registration plates, it said.

The commissioner also noted the increasing use of drones for commercial use.

Machines equipped with technologies such as cameras, thermal imaging, GPS, altimeter, motion, radio frequency equipment and other sensors should only collect information that was necessary for achieving the purpose being pursued by the person controlling them.

“For example, a camera on a drone which serves to take aerial photographs of landscapes should not be used for recording faces or other personal information,” the commissioner’s office said.

“At all times, drone operators should ensure that their collection and processing of personal data is minimised to only that necessary or as a consequence of the job being undertaken.”

Right to seek copy

Anyone whose image is recorded on a drone also has a right to seek a copy of it as their personal data from the footage.

The commissioner’s office published “practical steps” to ensure compliance with data protection regulations when using drones.

These included ensuring consent of the individuals whose personal data would be captured, through “timely” use of signage or other notifications.

Robust security and access controls should also be in place so that only authorised individuals had access to the images.

From December 21st, all drones weighing 1kg or more must be registered with the Irish Aviation Authority (IAA).

Regulations, which will be enforced by gardaí, also prohibit their use in areas where they endanger other aircraft, over a group of people, or more than 300 metres from the operator.

Airport ban

They are banned from being within 5km of an aerodrome or airport, from rising to more than 400ft above the ground, and from use in built-up or other restricted areas - including military installations and prisons.

Serious breaches of the regulations may be pursued through the courts.

The full guidance is published on dataprotection.ie