Drones—privacy and data protection
Produced in partnership with Joseph Dalby SC of The 36 Group
Drones—privacy and data protection

The following TMT practice note produced in partnership with Joseph Dalby SC of The 36 Group provides comprehensive and up to date legal information covering:

  • Drones—privacy and data protection
  • Why do drones raise privacy issues?
  • The legal framework for drone privacy and data protection issues
  • Air Navigation Order 2016
  • General Data Protection Regulation
  • Who is the data controller?
  • Direct liability for the data processor
  • Lawful processing
  • Security of processing
  • Data protection impact assessments
  • More...

Drones—privacy and data protection

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

STOP PRESS: the sections of this Practice Note dealing with the Air Navigation Order 2016 are under review following the coming into force of the EU Regulations 2019/947 and 2019/945 and the UK implementing Air Navigation (Amendment) Order 2020, SI 2020/1555 and Unmanned Aircraft (Amendment)(EU Exit) Regulation 2020, SI 2020/1593 and will be updated in due course.

Drone is the term of art commonly used to describe an uncrewed (or unmanned) aircraft that is flown under power (usually electric) and controlled remotely.

Other terms are sometimes used, often formally, to describe a drone, the most common being:

  1. remotely piloted aircraft system (RPAS)

  2. unmanned aerial vehicle (UAV)

  3. unmanned aircraft system (UAS)

UAV means the drone itself and is regarded as a sub-set of the UAS—the entire fully autonomous system incorporating the drone. The other elements of the system include command and control

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