To me this does not apply to individuals in leisure activities.
I am not an enterprise!
" Are you engaged in economic activity?
The one caveat to that that the GDPR does not apply to people processing personal data in the course of exclusively personal or household activity. This means you wouldn’t be subject to the Regulation if you keep personal contacts’ information on your computer or you have CCTV cameras on your house to deter intruders.
To fall within the remit of the GDPR, the processing has to be part of an “enterprise”. Article 4(18) of the Regulation defines this as any legal entity that’s engaged in economic activity. You must be careful not to mistake business conducted from home for household activity."
I was Local Government Councillor until May this year. As such I can tell you that ALL Councils in the UK are having a tough time with their budgets so will not be keen to take on cases that they are likely to lose at court.
I am not convinced that they have the right to over specify their requirements for hobbyists without reason. They are clearly not following CAA guidelines.
I hope that you will keep us updated because their position, if followed by all councils could make it illegal for any hobbyists to fly anywhere in the UK. That surely is ridiculous.
Well, just to follow up on this. I enquired (twice) with the contact at the council to ask who I should contact to discuss this regulation and was ignored (twice).
I also contacted the BMFA (twice) to ask if these overreaching regulations were something they could help me to discuss with the council in support of their members within North Somerset. They also ignored me twice.
I was approached by a policeman a couple of week ago while flying. He had a nice chat with me, seemed interested in what I was doing. Didn’t seem at all concerned with any aspects of it, and was under the impression that North Somerset never enforced whatever rules they have in place, at least to his knowledge. I think from other stories on the forum that any level of enforcement is done by council officers, and so providing you’re flying within CAA guidelines and not in sight of a council officer then you’re probably unlikely to be bothered.
It still frustrates me, in part that they set stupid rules and then don’t want to be challenged on them, but also that I feel restricted and uncomfortable about flying in some places which are both beautiful and very safe.
Other than the insurance, I’m not sure my BMFA membership is worth much. You get the idea that you’re tolerated as a multi-rotor pilot, and all they really care about is fixed-wing members flying at clubs.
I suppose that falling fowl of a council bylaw is a civil matter rather than a criminal matter, hence the officers ambivalence. However they don’t own the airspace so I say fly and to hell with em.
Can add a police perspective here as I am a policeman.
99% of cops won’t care what you’re doing and most of them have no knowledge of drone laws. They’re also faaaaaaaaaaar too busy to deal with minor stuff like PFCO/dronecode compliant flights. Those flights that are prosecuted are always led by CAA information in clear dangerous breaches (that dude filming a train from 3 feet away and feeling pics with no PFCO, that other bellend flying near the NPAS helicopter).
That’s what I was meaning. As long as you are flying within the law, both civil and criminal, then fly and to hell with em. (ie don’t take off from council controlled property)and if you overfly having taken off outside the property, keep to the drone code, be aware of your surroundings and other aircraft, so it doesn’t become a CAA/police matter or worse, a tragedy.
Also check with your house insurance.
I joined FPV UK in Oct, when I renewed the house insurance two weeks ago I asked if I was covered and they said yes
I asked and mine is covered for both.
Chances are that if you amended your house insurance it would be more than the £20 for FPV UK, maybe better to ask at renewal time.
Hi mate looking through all the threads on here as I am new, just thought I would mention, if you are ever questioned by a not so nice police officer and they start to enforce a civil rule such as the councils then ask them weather they are there as an officer of the law and if they are standing under theor oaths ? the answer should be “yes” if no answer then suggest that they are “working out of office” if they do not wish to stand under the oath that they took regarding taking office in the first place they will soon change their tune !
Once you have established this ask them if they are there to enforce “Criminal” or “cival” law" ? they must answer Criminal law and unless you are swearing causing a disturbance (you are not held responsible for other peoples feelings such as if you said someone were fat then that is not ciminal or a disturbance) they can not enforce a civil matter in any way, they may try but will fail badly.
