ABSTRACT
The use of drones raises a number of privacy issues in light of the extent and scope of data collection via drones. Mass-market drones equipped with cameras and surveillance capabilities are readily available to the public with limited regard to the potentially intrusive nature of such devices on personal privacy. Law enforcement agencies are exploring the use of facial recognition technologies, and more sophisticated drone systems are equipped with sensors to capture other data types that could present wider privacy concerns.
While drone operators must abide by the terms of relevant aviation regulations, those rules must be considered in conjunction with prevailing privacy and data protection laws. There are varying levels of maturity in such legislation ranging from comprehensive, principles-based data protection regimes (such as Europe’s GDPR or the Australian Privacy Act) to the patchwork of sectoral and state laws in the United States. In emerging markets, the situation may be further complicated by the lack of any specific data protection legislation and the potential application of local criminal, media or defamation laws.
Drone operators should consider the application of relevant privacy legislation and adopt appropriate measures to mitigate the risks associated with data collection by drones. Best practices and techniques from comparable activities such as CCTV deployment can provide helpful parallels, but consideration should be given to the unique characteristics and capabilities of drone systems.
