+ Eyes in The Sky: Drones, Data and Privacy Unmanned Aircraft Association of Ireland 21 August 2015 Joseph Dalby & John Wright
+ a niche practice advising on entry into the drone market and the use and application of drones and drone technologies. formed in 2014 by Joseph Dalby and John Wright, who are both lawyers and drone pilots. Advise on the cross over issues of regulation and commercial aspects of the use of drones
+ Renewed Questions New drone capabilities renew very necessary questions over privacy, data protection and ethical issues. The particular issues that arise with regard to Privacy and Data Protection Some of the difficulties that arise How these issues can be addressed
+ Public (mis)Trust Widespread concern Public aware of rights but unfamiliar with drone technology Emotive subject
+ Breaches Potential abuses of privacy include: Deliberate or malicious invasions of privacy Systematic monitoring and recording of data in a permanent way, whether covert or overt Disclosure of previously collected images of someone Information is not recorded, but public space is monitored through “sophisticated means” Accidental breaches/ “collateral” Surveillance, Dehumanisation and Discrimination “Gamifying” reality Function creep
+ Distrust is Costly Industry needs public trust (Current industry worth is $1bn, set to grow to $8-12 billion over the next 5 years) Costly Unchecked, costs will increase PR and lip service are not enough
+ Are we protected? Legislation in place Adaption & interpretation is key Meaningful initiatives needed for commercial, non- commercial and governmental use
+ Privacy Collection of EU & National rights – Constitutional, Statutory & Common Law (eg. Right to a good reputation, trespass, nuisance, IP, confidentiality) Collectively limit the right of society to take action on others (the right to be left alone) Contextual & Variable (eg. public spaces, Exceptions for public interest) Made more difficult by online platforms We have a “Reasonable Expectation” of privacy
+ Drones and Privacy Dexterity Increasingly advanced Remote operation heightens fears Proliferation (4000 drones in Ireland)
+ Data Protection DPA defines Personal Information = any info relating to an individual who is identified or identifiable either from that data or by combining that data with other information Clear but flexible definition Not technology specific & applies to drones “Controllers” (ie. typically person in possession) owe a duty of care to process this data correctly 5 basic principles for how personal data should be handled
+ Duty of Care Under Data Protection Acts, data must be: Obtained fairly and lawfully Stored for legitimate purposes Relevant and not excessive Accurate Stored securely and only for so long as is necessary
+ Balancing rights with innovation New interpretations of old law (eg. Trespass, nuisance) Property rights Operator awareness, industry specific guidance Manufacturer guidance Transparency & Accountability measures (databases, “licence plates”) Operational requirements (PIA, SIA, Audits) New Technology (eg. geofencing, GPS tracking)
+ Enforcement Self regulation & supervision is not enough Courts will be ultimate arbiters
+ Developments Progress in general privacy law would be welcome EU commission strategy emphasises privacy & data protection EU General Data Protection Directive will unify & future proof Working parties have made recommendations for operators DPC We will be working on understandable guidance for the industry
+ THANK YOU