With an SFE, you can produce images of many things from the air. Be aware that there are things you are not allowed to photograph, monitor or broadcast and in some cases you need permission to do so. In this section, therefore, we’ll look at everything you need to know so that you don’t break rules about privacy and data protection and the protection of geographical and other sensitive information.
The protection of personal data
The General Data Protection Regulation (GDPR) is an EU-wide regulation. Its purpose is to protect everyone’s integrity from being breached and to ensure that information about people is used properly.
Regarding the use of SmiEs, it is important to take into account the GDPR, because a lot of information can be imaged from the air during a flight.
Those who handle personal data, such as companies, associations and authorities, are accountable. This means that they must comply with the principles of the GDPR.
Learn more about GDPR and the rules on accountability at https://www.dpa.gr/el/enimerwtiko/nomothesia/proswpikon_dedomenon
The authorities point out, among other things, that the data controller must be sure that the GDPR supports the management of personal data. It is important to keep in mind that personal data can only be collected for specific and legitimate purposes. You are not allowed to handle more personal data than you need for that purpose. Personal data will be correct and deleted once it is no longer needed. Personal data must be protected from unauthorised access and must not be unintentionally lost or destroyed.
What is personal data?
Personal data is anything that can be linked to a natural person. It is anything that can be used to identify an individual, from names, addresses, emails, phone numbers and ID cards to, photographs, audio recordings and character descriptions, so that an individual can be identified.
The most sensitive information about an individual’s health, ethnic origin, political opinion and sexual orientation has special protection and can only be collected and used if the individual concerned consents or if the law of the country allows it.
Taking a photo – video from the air and playing them back
To avoid a breach of GDPR principles during flight, avoid taking photos or videos with the drone camera until you are at such an altitude that people on the ground cannot be identified. Do not take photos or videos when you are in crowded places. In general, it is best to avoid flying in crowded areas.
The Data Protection Regulation only applies if you take a download (photo – video) that clearly identifies individuals or contains other personal data. Taking photos or videos with a drone can qualify as CCTV if individuals can be identified. Individuals are usually entitled to have CCTV of their property or home. This includes, for example, gardens and other private buildings such as garages or storage. It is important to let them know that the area is covered by CCTV surveillance.
Whether or not video monitoring is allowed depends on the field of view of the camera. Whether video surveillance is legal or not depends on what is recorded by the camera regardless of the purpose. It is important to check the field of view of the camera so that it does not record other people’s yards, the sidewalk or street outside your home, or any other public place where people may be.
In addition to GDPR compliance, you should be aware that certain places, buildings, etc. are protected by photo bans. For example, you are not allowed to take photos of companies, protected objects or private areas if there is a photo ban. This applies to photographing or producing images using laser scanners, thermal cameras, radar or any other form of imaging operation. Where photography is not permitted, there shall be posted signs with information about this prohibition.
You may need to apply for permission to publish
If you are ultimately going to distribute or publish material you recorded or photographed during a flight on social media, websites or similar media, you may need permission to publish. If you accidentally publish material containing sensitive information, you run the risk of punishment. If you violate the Geographic Information Protection Act, you may be fined or imprisoned for up to one year. Keep in mind that you cannot store material that is confidential on cloud services: the companies that own these services may have access to the content, which means that storage is classified as dissemination.
What can be published without permission?
Generally, you are not allowed to post photos or videos, although there are some exceptions. If the horizon does not appear on the image or movie, it may be possible to use one of these exceptions. The areas you can photograph and disseminate without permission are public places, public events, residential buildings, farmland, golf courses and construction sites. But don’t forget to follow the GDPR rules regarding the processing of personal data!