Drone Code point 20. Respect other people and their privacy

Would seem so

https://www.shensmithbarristers.co.uk/daniel-j-shensmith/

https://twitter.com/dshensmith

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Impressive!

Is he a member here? :thinking:

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Reaching out ;o)

No idea but he’s worth bookmarking, should you ever need such services. Barristers I think are not allowed to ‘tout for trade’ as it were but he clearly thinks some test cases on drones are needed, for example regarding councils acting ‘ultra vires’ by trying to tell us what we can’t do.

It’s a very complicated judgement because as I recall the guy was deliberately targeting parts of his neighbour’s property. There was obviously some history. But it is worth reading for the audio ruling, which was the interesting aspect that many people don’t even consider in regard to CCTV (not normally relevant to drones of course).

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GPDR is for business only does not apply to a hobby flyer

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You might want to read more on how GDPR affects photographers

Not the best explanation but it is from the horses mouth (IPO)

Once again this seems to be aimed at commercial endeavours rather than individual hobbyists.

“…share your work widely with the public to help grow your business…” (my emphasis added)

Nevertheless, I thought I’d try their lawful basis interactive guidance tool and the first thing I noticed was the section of their website it fell under:
image

And then I got stuck on the second question. :laughing: But I cracked on, answering as honestly as I could, including “I don’t know” frequently, and in the end, it suggested my answers were “inconclusive” and I should read the following:

image
image

Note that they both say “For organisations”, and I’m definitely not one of those so maybe I can be confident that it doesn’t apply to me.

However, if I were the calibre of photographer who stamps all his work with “squiggly name PHOTOGRAPHY” and uploads them to a site where someone might pay me a small amount to use them, do I suddenly become a company, or do I actually have to be a registered business?

FWIW, I would have thought Common Sense and “don’t be a dick” should be ample guidance for most people who are flying a camera drone for fun. Unfortunately, there will occasionally be instances where other members of the public don’t apply these guidelines (particularly the latter) and that, I guess, is where the trouble starts.

It’s not relevant whether you are a company, an organisation or not. Those are just terms used by the ICO to offer guidance.

The actual GDPR in UK law can be found here:

https://www.legislation.gov.uk/eur/2016/679/contents

Article 2 is the key bit, including:

This Regulation does not apply to— (a)the processing of personal data by an individual in the course of a purely personal or household activity

The ICO call this the “domestic purposes” exemption, see:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/

I’d suggest that taking photos for no money and sticking them on social media might fall within that exemption.

Yep indeed, but to give them grounds for that you would have to be doing something particularly stupid, like flying over Buck House, for example.

(or have a grenade launcher fitted, thought about that in the past but realised it would put my Mine 2 over 250g) :upside_down_face: :wink: :upside_down_face:

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This is for business only. So long as you are a genuine hobby photographer on public land then that does not apply.

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Just be sensible. If you plan to fly in a residential area, just knock a few doors either side of whare you want to fly and explain what you are doing and check its okay. TBH there are not many good reasons to fly a residential area in a privacy invading way. If you inadvertantly capture something that could be considered contentious, remove it from your SD card as soon as possible and never publish it, anywhere. If you need to use the footage, obscure the problematic features of the subject in edit and delete the original. If you find you are accidentally invading someones privacy, back off, land and go somewhere else, removing any required footage. The privacy laws are similar to standard photography and pretty easy to keep to. Talk to people, I have flown all sorts of places. If someone looks concerned, Land, show them the drone and what you were filming, explain what you are doing. People will almost always be interested, and wish you well (In my experience). If they are aggressive then change your plans. Come back another day, or go somewhere else. 5 years flying with several drones and never had an issue.

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He’s 7 feet 2 inches tall and weights 21 ½ stone.

:joy::joy::joy::joy:

Sorry couldn’t resist :see_no_evil:

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LOL - 5ft 5 and 12 stone - but I get your point :slight_smile:

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From a barrister that my comment regarding GDPR and hobbyists was right.

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GDPR is primarily about personal information which includes one’s likeness. However sanctions come into play when you are alerted to the fact you have captured their likeness and you do it again. No foul the first time.

But only applies to businesses storing data not individuals.

That does include sole traders. So unless one is a sole trader or business GDPR is irrelevant in this discussion.

Im generally in the “about 50m or more” above property/individuals with some exceptions. Also generally continuously moving. If i need to hover to frame a shot or an angled gimbal i’ll keep it as brief as possible.

Ultimately im using the “are they identifiable” test. If its a 4 pixel blob they’re not. We’re mostly dealing with wide angle lenses - to get close enough for identification you need to be REALLY close. Too close if they’re a 3rd party.

If someone asks nicely to see the screen or footage i’ll usually allow them (but might finish that flight first). If they’re not polite i wont.

If someone demands i delete footage i won’t and tell them i’ll only show footage to someone with legal authority to see it.

If someone rants about calling the police i’ll always encourage them to do so.

Ultimately my reaction depends on the attitude of the person. If they’re polite and reasonable im far more accommodating than if they’re confrontational and ranting.

I do always now start recording either on my phone or gopro if i see someone making a deliberate effort to approach me during a flight.