Although South Africa's Civil Aviation Authority (SACAA) was among the first to implement rules and regulations for the operation of drones, not enough has been made about the privacy / POPI concerns associated with the use of drones.
The Article 29 Data Protection Working Party (EU) made some recommendations for EU Drone Manufacturers and Operators which recommendations could be considered a good POPI guide for South African Manufacturers and Operators:
If and when Personal Information is collected, operators must also realise that POPI will apply to them, whether they collect on behalf of others or whether the collection of Personal Information is for their own purposes.
In a recent article posted by Anna Masutti, she delved into the data protection consequences of drones with on-board sensors:
"Even if it is undeniable that the civil use of drones has a positive effect on the economy, the WP29 draws attention to the potential danger of data and privacy protection. RPAS are increasingly being used for commercial and civil purposes, however it is not the use of the drone itself, but the on-board sensors which may represent high risks for data and privacy protection.
Firstly, they can cause privacy concerns among the public due to the equipment which is added to the drones (smart cameras, specific sensors, detection equipment and radio-frequency equipment), not to mention the possibility of interconnecting drones or their ability to enter places which are almost inaccessible (through roofs, fences, barriers) and which can lead to an infringement of civil rights and to the so called 'chilling effect'.
Secondly, a potential risk of function creep exists, due to the developed technology and the sophisticated equipment that are used (the huge amount of data can be collected by drones of which data subjects are not aware)."
The Article 29 Data Protection Working Party (EU) made some recommendations for EU Drone Manufacturers and Operators which recommendations could be considered a good POPI guide for South African Manufacturers and Operators:
- Embed privacy friendly design choices and privacy friendly defaults as part of a privacy by design approach
- Involve a Data Protection Officer (where available) in the design and implementation of policies related to the use of drones
- Promote and adopt Codes of conduct that can help the industry and different categories of operators prevent infringements and enhance the social acceptability of drones; such Codes should contain sanctions in case the signatories do not comply with the code
- Make the drone as far as possible visible and identifiable (using emitted wireless signal, flashing lights or buzzers, bright colours)
- When in line of sight, make the operator clearly visible and identifiable with signage as the individual responsible for the drone
- When planning and operating a flight, even where allowed to operate the drone over populated areas, avoid as far as possible to fly over or near private areas and buildings.
If and when Personal Information is collected, operators must also realise that POPI will apply to them, whether they collect on behalf of others or whether the collection of Personal Information is for their own purposes.
In a recent article posted by Anna Masutti, she delved into the data protection consequences of drones with on-board sensors:
"Even if it is undeniable that the civil use of drones has a positive effect on the economy, the WP29 draws attention to the potential danger of data and privacy protection. RPAS are increasingly being used for commercial and civil purposes, however it is not the use of the drone itself, but the on-board sensors which may represent high risks for data and privacy protection.
Firstly, they can cause privacy concerns among the public due to the equipment which is added to the drones (smart cameras, specific sensors, detection equipment and radio-frequency equipment), not to mention the possibility of interconnecting drones or their ability to enter places which are almost inaccessible (through roofs, fences, barriers) and which can lead to an infringement of civil rights and to the so called 'chilling effect'.
Secondly, a potential risk of function creep exists, due to the developed technology and the sophisticated equipment that are used (the huge amount of data can be collected by drones of which data subjects are not aware)."
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