Q&As

What should a drone operator consider before using or uploading video footage that has been recorded using a drone?

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Published on LexisPSL on 29/03/2017

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • What should a drone operator consider before using or uploading video footage that has been recorded using a drone?
  • Consent and clearances where people are included in the footage
  • Intellectual property rights clearances
  • Compliance with law and any online terms and conditions
  • Practical considerations

What should a drone operator consider before using or uploading video footage that has been recorded using a drone?

Consent and clearances where people are included in the footage

Explicit consents and releases may need to be obtained where an individual wishes to upload footage which contains video of an individual or a group of individuals, the nature and form of consent or release will vary according to the areas of law brought into play by the footage in question.

Key areas to consider are:

  1. the Data Protection Act (DPA 1998) – as the images of people will almost certainly fall within the definition of personal data under the DPA and placing the footage online makes it potentially accessible by a large and global audience and uploading without explicit consent is likely to breach at least one of the 8 data protection principles. For further information, see Practice Note: Data protection principles under the DPA 1998. Specifically in relation to the rights of people to request removal of personal data, see Practice Note: Rights of data subjects under the DPA 1998

  2. general privacy laws and an individual’s right to respect for their private and family life, home and correspondence pursuant to article 8 of the European Convention on Human Rights. See Privacy and misuse of private information—overview and Practice Note: Misuse of private information and related claims

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