Drones and personal data protection
Personal data processing using drones
In the use of remote controlled drones or other unmanned aircraft equipped with camera equipment and remotely controlled or operated using remote control, personal data may be processed.
Example:
A drone is flown over Kringlumýrarbraut during peak time. Video generated using the drone shows the number of cars.
Car numbers are considered personal data because they can be traced to individuals.
In such circumstances, the processing of personal data takes place and the data protection laws must be followed.
What should you consider when recording a video with a drone?
The privacy and security of the person must be taken into consideration when filming with a drone in public.
Here are the points to consider in such situations:
It is desirable to obtain consent from individuals who appear on video material that is created by the use of drones, especially if the persons’ faces or other identifiable information appears on the video material.
The environment in which the image is taken must be taken into account. If the images are to be taken in public or where individuals feel they should be protected from privacy, this should be taken into account.
Publication of recordings containing personal data, such as examples on social media, is not permitted unless the conditions of the Data Protection Act (GDPR) for such publication are fulfilled.
General rules on protection of property rights, privacy and personal data protection apply to permits to fly in the vicinity of residential buildings or other places where people reside and in the premises.
Individuals who are seen on a recording (their own or for example their car number), generally have the right to access personal data about themselves and to view the resulting recordings and receive a copy of them within one month, if they so wish. Information about other individuals may need to be erased from the recording before such a request is received.
The security of information on the source must be taken into account. For example, it may be important to state in which country it is stored, as special conditions must be met if personal data are exported outside the EEA, for example in cloud solutions.
Photos for personal use (household exemption rule)
If the photo is only for private use, it is generally not covered by the data protection legislation.
As soon as a material is publicly published on social media or online, the general rule is that the recording is no longer considered for private use and the above mentioned issues need to be considered.
