Looking for some DPR advice, privacy advice on footage taken over private land.
I am a keen golfer and I am playing the Bradazon course at the belfry in February.
I planned to take my drone and fly it around the world famous resort and hopefully get some epic shots.
It’s a shotgun start so the course will he dead as everyone finishes at the same time.
I sent an email as I thought it might be best to get their permission first but also remind them that there is no flight restriction in place over the resort but respect it is private land.
Here is the response I got
Dear Chris
*Thank you for your request and for your assurances surrounding licences and experience. however for us to allow such filming we have to factor in multiple things. Whilst you have a licence, are aware of flight path restrictions and relevant heights for drone flight there are also GDPR implications to such filming. *
The Brabazon course intertwines with our two other courses meaning any filming may include images being inadvertently taken of other golfers of which you will not have their permission. In addition the 1st tee, 10th tee and 18th green are situated adjacent the main building and would cover 30+ bedroom windows and other patrons using the bars etc.
*Factoring in the above we unfortunately cannot give permission to film with a drone following your round. *
*We look forward to welcoming you to The Belfry in February. *
Kind regards Tom
What stance do I have here?
I could take it out onto the road and take off from there and capture the belfry like any aircraft could.
I respect their decision so I am not really looking to hit back with legislation but was keen to know what rights I have moving forward…
Jesus!, do they think you are flying “Airwolf”, what the hell lens do they think you have on your drone a 500mm telephoto !!.
Take about “talking out of their arse” is putting it mildly, sounds like a right wanker replied to your request to film !.
I have a Golf course just down the road from me, and, it has a public footpath along its boundary adjacent to some marshes.
Nothing stopping me flying straight up and filming whatever I like.
Would love to see the Golf Course fight that one in a court !.
This is exactly the problem with the current drone laws and the incoming EASA rules later this year.
The drone legislation is set up in a big way around supposed privacy and data protection. There is already in place in laws that cover this that can be used against a drone with a camera. If I hover outside a window, or fly slow and low over someone’s garden where a ‘reasonable’ expectation of privacy is expected, then the law can deal with that.
Playing golf in an open space or drinking in a bar at the golf course is not a ‘reasonable’ expectation of privacy. However if you buzz the player on the course or fly around the golf club lounge, then it is reasonable to be protected from that…
Unless they prohibit the use of cameras and smartphones then there should be no issue with a drone at a decent height.
I have a laminated card in my wallet that I’ve been carrying around for years. It sets out my rights to photograph in public spaces and informs the police officer it’s intended to be handed to that if he/she wastes my time with an illegal stop for taking pictures I shall return the favour and waste their time with a formal complaint.
But…
A golf course isn’t public land and the owners/management can prohibit photography there if that’s what they wish… just as you’ll see a sign on the wall near the entrances to most shopping centres saying photography is prohibited. They can’t arrest you for it, but they’re quite within their rights to kick you out and ban you.
You were, of course, right to ask their permission, but now you have and they’ve declined… well… that’s the risk of asking.
Having said that, after you’ve played your round, had your stop at the 19th and decided you are never planning on going back … if you happened to take off from a nearby public space and accidentally fly over the course …
I’d fly it anyway, film it, and as long as individuals, in the edited version aren’t identifiable, your home safe and dry.
Not knowing you, but knowing myself, I’d go for it
It’s a very tatty bit of card these days (must have been carrying it for more than a decade!), but I think it was a downloadable template from somewhere. I’ll have a dig about, see if I can find the original. Otherwise it’ll be a new typing job
Ahh… I cobbled it together myself from a couple of templates.
The photography side is pretty-much word for word the text from the link @milkmanchris posted above (but as quotes instead of bullet points so I guess I found the same but different).
The reverse is the text from [this].
Print them both out about the size of a credit card, put the relevant pages back to back, laminate it together. Job done
The original letter, it’s dated but still relevant.
The only caution I would give is that the new guidelines around section 158 and anti terrorism (police love this). The claim being that you taking photographs especially in built up populated areas or ‘important’ places could be you plotting a terrorist attack.
Does anybody think that there’s a small chance the “they’ve said no but phuck it, I’ll fly over their land anyway” approach just might be adding towards the bad press and poor public attitude towards drones? Perhaps we should stop and think if our desire to fly and/or film something should always prevail over another’s contrary view. Sure there’s laws and rights that might support our position, but there’s also good manners and respect for others’ views, well there used to be.
