Tag Archives: New Technologies

The Information Commissioner of the Republic of Slovenia

The IPRS issues a report on the Use of Drones

On 30 July 2015, the Information Commissioner (IP) issued a report on the use of drones in relation to the Data Protection Act.

It highlighted the features of such processing of personal data which may include; weapon systems, systems for the transportation and delivery and systems for control and data acquisition and outlined a wide range of risks which differ depending on what kind of data acquisition systems are used, giving a special enphasis to data capture by the police, especially in the case of mass captures and processes data.

One section of the report analyses risks associated with protecting information privacy and explain in detail to a wide range of stakeholders the principle of legality and the press exception and the principle of proportionality according to its national Data Protection Act.

Ultimately, the report examined the use of unmanned aircrafts by law enforcement authorities as they have important implications not only for the full range of constitutionally protected human rights but also as an ethical imperative and gave the following recommendations based on International Working Party on Data Protection and Telecommunications and the Article 29 Working Party:

a) The use of drones should be regulated in a way that ensures safe use and at the same time providing adequate safeguards for the provision and protection of fundamental rights.

b) They must ensure compliance with the reasonable expectations of privacy, both in private contexts such as in public places.

c) The collection and further processing of personal data by public sector shall be defined by law or under the terms of Article 9 of the PDPA-1.

d) They shall comply with the requirements regarding the protection of personal data (eg. the statements and actions of awareness among managers, certification of operators, etc.) and if necessary, the identification of the exemption for journalistic purposes.

e) In cooperation with the supervisory authorities for data protection regulators, it should develop an appropriate scheme for carrying out Data Protection Impact assesment, which will help operators of unmanned aircrafts.

f)  It is also necessary to improve the cooperation between the Civil Aviation Agency and the supervisory authorities for data protection and involve all stakeholders, including representatives of the media, non-governmental organizations, operators and service providers, among others.

h) Ultimately, it is indispensable to encourage the development of self-regulatory codes of conduct and other initiatives to ensure responsible use of drones.

Data Protection Commissioner

Guidance on the Use of Drones

The Data Protection Commissioner (Ireland) has produced and issued new guidance on the use of drones in relation to the Data Protection Act. This supports regulations issued by the Irish Aviation Authority who are the primary regulator of Drones in Ireland. The guidance was issued concurrently with an update to the office’s guidance on CCTV and new guidance on the use of body worn cameras. Unless such systems are used with proper care and consideration, they can give rise to concern that the individual’s home or private life is being invaded. It is possible that use of such aircraft may cause privacy concerns among the public as a result of equipment which may be added to the drones. The guidance contains advice on what constitutes personal data, proportionality, transparency and notifying the public, data controllers and processors, storage and retention, security, access requests, and covert surveillance.

Datainspektionen

Administrative Court: Yes, drones are subject to video surveillance law

<< Earlier this year felt the Administrative Court in Linköping ruled that a drone equipped with a camera is not subject to the rules in camera surveillance law, including on the grounds that the camera can be used only for a short time in the air and therefore are not set up in the legal sense.

But the drone flight time is not crucial for the surveillance law (COPD) shall apply, or did not mean the Data Inspectorate and the judgment under appeal.

Now the administrative court of appeal in Jönköping agrees with the Data Inspection line. The Court finds both that the camera is considered to be permanently set up and the camera can not be considered to be operated in place. “Therefore meets the current camera all the conditions for a permit surveillance camera according coal”, writes the right in its judgment.

The judgment making the rules clearer because the appeal now states that a drone with camera shall be subject to surveillance law, says Malin Ricknäs, a lawyer at the Swedish Data Inspection Board.

To shoot with drones in places to which the public has access requires a permit from the provincial government. If the provincial government authorizes it may impose conditions, for example, the place that gets filmed and at what time of day that filming may take place.>>