1. REPORTING USING DRONES – LEGAL AND ETHICAL ISSUES
By Fiona taylor M.A., LL.B.

2. CONTENTS Criminal Law and Policing
CAA Regulation – Air Navigation Order 2009
Official Secrets/Military Land
Human Rights
PRIVACY
Ethical guidance – IPSO, OFCOM, BBC

3. CONTENTS Health and safety Data Protection ICO Wildlife Copyright
Children

4. POLICE CONCERNS PROTECTION OF NATIONAL SECURITY
PUBLIC SAFETY OF AVIATION ASSETS AND INFRASTRUCTURE
PUBLIC SAFETY OF CROWDED PLACES
PREVENTION AND DETECTION OF TRADITIONAL CRIME TYPES INVOLVING DRONES
POLICE CONCERNS

5. RELEVANT LEGISLATION TO POLICE
AIR NAVIGATION ORDER ARTICLES 138,166,167
PUBLIC ORDER ACT SS4 AND 5
PROTECTION FROM HARASSMENT ACT 1967 S2
CRIMINAL DAMAGE
TERRORISM ACT 2000 S58 AND OTHERS
SEXUAL OFFENCES ACT S67 (VOYEURISM)
BREACH OF THE PEACE
PUBLIC NUISANCE
OBSTRUCTION

6. ARTICLE 166 ANO 2009 SUA
Article 166 – small unmanned aircraft have to be flown safely and with direct, unaided visual contact of the controller must:
Not cause or permit any article or animal to be dropped
Be reasonably satisfied that the flight can be made safe

7. ARTICLE 167 ONA 2009
SMALL UNMANNED SURVEILLANCE AIRCRAFT (SUSA) CANNOT BE FLOWN
OVER OR WITHIN 150 METRES OF CONGESTED AREA
OVER OR WITHIN 150 METRES OF ORGANISED OPEN AIR ASSEMBLY OR MORE THAN 1000 PEOPLE
WITHIN 50M OF A VESSEL, VEHICLE OR STRUCTURE WHICH IS NOT UNDER THE CONTROLLER OF THE PILOT
WITHIN 50M OF ANY PERSON UNLESS LANDING WHEN IT IS 30 M. THIS DOES NOT APPLY TO THE PILOT OR OTHERS UNDER THEIR CONTROL.

8. SUSA IS SUA WHICH IS EQUIPPED WITH ANY FORM OF SURVEILLANCE OR DATA ACQUISITION
BOTH ARTICLE 166 AND 167 ARE SUMMARY ONLY OFFENCES, SO CAN ONLY BE DEALT WITH IN THE MAGISTRATES’ COURTS.
THERE IS A SIX MONTH STATUTORY TIME LIMIT FOR PROCEEDINGS TO BE INSTIGATED.

9. CONGESTED AREA
A CONGESTED AREA IN RELATION TO A CITY, TOWN OR SETTLEMENT MEANS ANY AREA WHICH IS SUBSTANTIALLY USED FOR RESIDENTIAL, INDUSTRIAL, COMMERCIAL OR RECREATIONAL PURPOSES.
PERMISSION CAN BE OBTAINED FROM THE CAA TO FLY IN A CONGESTED AREA, BUT NEVER DIRECTLY OVERHEAD PERSONS, VESSELS, VEHICLES OR PROEPRTY THAT ARE NOT UNDER THE PILOT’S DIRECT CONTROL.
FLIGHTS WITHIN CONGESTED AREAS ARE ONLY PERMITTED BY CAA IF AIRCRAFT WEIGHS LESS THAN 7KG AND USUALLY NO CLOSER THAN 50M FROM PERSON ETC.

10. ARTICLE 138 ENDANGERMENT
RECKLESSLY OR NEGLIGENTLY CAUSING OR PERMITTING AN AIRCRAFT TO ENDANGER ANY PERSON OR PROPERTY.
EITHER WAY OFFENCE – CARRIES UP TO 2 YEARS IMPRISONMENT.
NB NO POWER OF ARREST UNDER ANO (BUT MAYBE S24 PACE)
EQUIPMENT MAY BE SEIZED
OTHER OFFENCES MAY FOLLOW, SUCH AS HARASSMENT

11. SMALL UNMANNED SURVEILLANCE AIRCRAFT
S167 ANO – SHOULD BE VISIBLE WITH THE NAKED EYE AT ALL TIMES. FIRST PERSON VIEW (fpv) GOGGLES MAY THEREFORE SUGGEST AN OFFENCE.
NO POWER OF SEIZURE OF DRONE
MAYBE PACE s19 POWERS IF ON PREMISES, OR POWERS ON COMMON LAND TO PROTECT THE PUBLIC
RECOURSE TO MEDIA RELATIONS
S43 does not prohibit the taking of photographs, film or digital images in public places and members of the public and press should not be prevented from lawfully doing so.

12. Aggravating elements to breach of Air Navigation Order 2009 ss138, 166, 167
Results in injury
Results in damage
Persistent offending
Flown over airport restricted zone
Flown over airport arrival and departure paths
Flown inside a public building
Within or close to aviation assets
Obtains private information
Flown over state and sensitive buildings and landmarks

13. POLICE POWERS – POLICE CAN…
Stop and search if POLICE reasonably suspect you to be a terrorist under Section 43 of the Terrorism Act 2000.
View images on the camera you're carrying if you're being searched under Section 43.
Seize and retain your camera if the police officer reasonably suspects that it may contain evidence that you are a terrorist.
Question you if you appear to be taking photos of a member of the police force, armed forces or intelligence services.
Arrest you for taking pictures of the police, armed forces or intelligence services under Section 58A of the Terrorism Act 2000, if they have a reasonable suspicion that the 'information' is designed to provide assistance to a person committing or planning an act of terrorism.

14. POLICE CAN’T...
POLICE CAN’T…Stop and search you under Section 44 of the Terrorism Act (which doesn't require any suspicion of an offence having been committed). Prevent you taking pictures on the public highway (although you could be charged with obstruction or a public order offence - breach of the peace, for example). Delete or ask you to delete digital images at any point during a search under Section 43 (although they can do this following seizure if there is a court order or similar that permits it). Arrest you for photographing police officers involved in the course of normal police duties and incidents (unless they have a reasonable suspicion that the pictures will be used for assisting terrorist activities).

15. SECURITY GUARDS Security guards can…
Ask you to stop taking photographs if you're standing on private land without permission or a permit.
Use 'reasonable force' to remove you from private property if necessary.
Security guards can't…
Prevent you taking pictures of private property if you're standing on public land.
Take your camera equipment.
Look at your photographs.
Delete, or force you to delete, any of your shots.

16. OFFICIAL SECRETS ACT
You must not take a photograph in a prohibited place which might be useful to an enemy –
MAY INCLUDE MILITARY BASES, POLICE STATIONS – SERVICES INCLUDING ARMY, AIR FORCE, NAVY AND SECURITY POLICE.

17. PRIVACY – ARTICLE 8 HRA 1998/EU HR A8
Right to respect for private and family life
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

18. PRIVACY UN DECLARATION HR
Article 12.  
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

19. PRIVACY LAW
YOU CAN TAKE PHOTOS OF A PROPERTY IF YOU ARE IN A PUBLIC PLACE
(SOME RESTRICTIONS E.G. TRAFALGAR SQUARE, USE OF FLASH PHOTOGRAPHY IN UNDERGROUND, ROYAL PARKS LEVY)
THIS MAY BE SUBJECT TO AN EXPECTATION TO RESPECT PRIVACY, SO FOR EXAMPLE USE OF ZOOM LENS INTRUSIVE/ BREACH OF CONFIDENCE
WARY OF HARASSMENT – COURSE OF CONDUCT AT LEAST TWO OCCASIONS
NEW STALKING LAWS… CRIMINAL
IF ON PRIVATE PROPERTY PHOTOGRAPHY CAN BE RESTRICTED
IS ON PRIVATE PROPERTY WITHOUT PERMISSION IS TRESPASS

20. ETHICS IPSO EDITORS’ CODE 2. *Privacy
i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications.
ii) Editors will be expected to justify intrusions into any individual's private life without consent. In considering an individual's reasonable expectation of privacy, account will be taken of the complainant's own public disclosures of information and the extent to which the material complained about is already in the public domain or will become so.
iii) It is unacceptable to photograph individuals, without their consent, in public or private places where there is a reasonable expectation of privacy.

21. ETHICS
3. *Harassment
i) Journalists must not engage in intimidation, harassment or persistent pursuit.
ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on property when asked to leave and must not follow them. If requested, they must identify themselves and whom they represent.
iii)  Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.

22. ETHICS 4. Intrusion into grief or shock
In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. These provisions should not restrict the right to report legal proceedings.

23. ETHICS 10. *Clandestine devices and subterfuge
i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or s; or by the unauthorised removal of documents or photographs; or by accessing digitally-held information without consent.
ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.

24. OFCOM
Within the UK the use of radio apparatus – including drones – is regulated by law. This ensures that only equipment which is safe and does not cause harmful interference is placed on the market.
Radio apparatus can only be used under the terms and conditions of an Ofcom licence or a licence exemption.
Most domestic drones will be classed as licence exempt. This means they don't need a licence so long as the drone is 'CE' marked and it meets certain requirements.
If your drone has a video facility that transmits images from the drone back to the control unit for first person view (FPV), it will probably use the licence- exempt 5.8GHz band. This allows for a maximum transmit power of 25 milliwatts.

25. OFCOM
Using apparatus that does not meet the conditions of the licence exemption - or is not specifically licensed - is an offence.
Some offences can attract an unlimited fine and/or six months imprisonment. The courts can also confiscate anything used in connection with the offence.
USUAL BROADCASTING CODE AS WELL

26. BBC GUIDANCE BBC GUIDANCE ON THE USE OF DRONES
ones-guidance.pdf

27. REUTERS A GUIDE TO THE NEWSGATHERING USE OF DRONES
ALSO “ A CODE OF THEICS FOR DRONE JOURNALISTS” –

28. CAA - DRONECODE http://dronesafe.uk/ DRONE ASSIST APP AND AIRMAP APP
In addition to NATS’ Drone Assist, other useful resources exist to support the safe use of drones. We have included a selection below which their developers have declared to meet the following criteria:
Clear and accurate visualisation of relevant airspace with textual description
Comprehensive and reliably up-to-date airspace database from an approved aeronautical information management source (to ensure timely inclusion of airspace changes and temporary restrictions or hazards)
Includes UK drone safety regulations (e.g. the Dronecode)
The CAA and NATS have not checked or approved the apps listed here.* Full responsibility for safe operation remains with the person operating the drone. It is up to them to assure themselves of the accuracy of the data and comply with all UK drone rules and regulations.
If you have developed an app which meets the above criteria and would like to be included in this list, please e-
* As a regulator, the CAA supports any measure to improve the safe use of drones but does not endorse individual products.

29. HEALTH AND SAFETY LAW
GUARDIAN REPORT face-safety-test-new-uk-regulations
Their popularity has led to a spike in the number of near-misses with passenger jets, with aviation chiefs receiving reports of 56 near-miss incidents in the 10 months to October – up from 29 in all of the previous year and six in 2014.
NEW REGULATION BEING CONSIDERED INCLUDING REGISTRATION AND SAFETY TESTING.
CONSIDER INSURANCE; H&S ASSESSMENT AND PERSONNEL

30. HEALTH AND SAFETY
Crash due to a mechanical/electronic failure, a loss of contact between the pilot’s ground control transmitter and receiver on the aircraft. It could also crash due to unsuitable weather conditions or pilot error.
The aircraft could `fly away’ if control is lost between the pilot’s ground control transmitter and receiver.
Crash into other aircraft or into people or structures.
How do you avoid such risks? First and foremost, by engaging a registered, qualified, insured and experienced drone operator. While there is no pilot license in the UK for drones, the CAA does recognise some training centres. You can ensure that your operator is trained and that their insurance covers the costs of flying a UAS for performance or filming.
If you are the operator, you can train, learn, practice and ensure you are familiar with all the latest drone guidance, and have appropriate license and insurance if engaging in commercial flights.

31. HEALTH AND SAFETY CAMERA CONTROL
Ensure that the pilot is briefed very clearly on what you plan to achieve before agreeing to hire them as there are real limitations on what can be achieved with regards to flying times, distances, locations and licensing conditions. ‘Line of sight’ guidance must be observed unless explicit permission has been obtained from the CAA.
UASs must be flown in line of sight of the operator.
UASs cannot be flown at night, in classified air space and near airports.
Permission must be obtained from the owner of the take-off point.
UASs cannot be flown within 50 meters of structures, vehicles or people that are not under the control of the person in charge of the aircraft.
Cannot be flown within 150 meters of a congested area or a large crowd of people. In most public spaces, where people not in your control are present, you’re unlikely to be able to use a UAV.
The pilot must be in a position where they cannot be pushed or jostled.
As a general rule the UAS’s pilot should wholly concentrate on flying and a second operator or assistant should monitor / operate any on-board camera.

32. HEALTH AND SAFETY CROWDS
If you are going to have drones at an event, special measures must be taken to notify and obtain consent from audience members (see here). Performance areas must be clearly demarcated so that drones fly a safe distance from people at all times.

33. DATA PROTECTION DATA PROTECTION ACT 1998
NEW DATA PROTECTION ACT 25 MAY 2018
GDPR 25 MAY 2018
ICO REQUIREMENTS DATA PROTECTION GUIDANCE

34. ICO GUIDE TO DATA PROTECTION FOR THE MEDIA
protection-and-journalism-media-guidance.pdf
QUICKGUIDE organisations/documents/1547/data-protection-and-journalism-quick- guide.pdf
REMEMBER CCTV CODE OF PRACTICE organisations/documents/1542/cctv-code-of-practice.pdf

35. DATA PROTECTION PRINCIPLES
Summary of the data protection principles
1. Collect and use information about people fairly and lawfully, without unwarranted harm or intrusion into their private life
2. Don’t use the information for any other incompatible (ie non-journalistic) purposes
3. Ensure the information is adequate, relevant and not excessive for your purpose
4. Ensure the information is accurate and (where necessary) kept up to date
5. Don’t keep it for longer than necessary
6. Comply with individuals’ rights (eg to access their information, or to object)
7. Keep the information secure
8. Don’t send it to anyone outside the EEA without adequate protection

36. S32 EXEMPTION The section 32 exemption for journalism
 Can exempt the media from most provisions, in appropriate cases - but never principle 7 (security) or the section 55 offence.
 The only purpose must be journalism (or art or literature), with a view to publication.
 The data controller must reasonably believe publication is in the public interest, taking into account the general public interest in freedom of expression, any specific public interest in the subject, and potential harm to individuals.
 The data controller must reasonably believe compliance is incompatible with journalism – ie it would be unreasonable or impractical to comply. This must be more than just an inconvenience.
 We expect media organisations to be able to explain why the exemption is required in each case, and how and by whom this was considered at the time. The ICO does not have to agree with the organisation’s view – we must be satisfied that they had a reasonable belief.

37. WILDLIFE NOISE AND INTRUSION WILDLIFE ACT
PROTECTED SPECIES – NESTING BIRDS, MAMMALS:
Bats are protected just about everywhere except in the living part of homes, and this means they should not have their entrance or exit blocked, or be disturbed.
It is also an offence to intentionally or recklessly disturb a dolphin, whale (cetacean) or basking shark.
Other protection covers badgers, deer, seals and cataceans. Bats, horseshoe (all species) Common otter Dolphins, porpoises and whales (all species) Dormouse
Great crested newt (or warty) Large blue butterfly Marine turtles Natterjack toad Sand lizard mooth snake Sturgeon Wild cat

38. COPYRIGHT
APPLIES TO IMAGES CAPTURED BY CAMERA JUST AS IT DOES TO OTHER PHOTOGRAPHY.

39. LAST BUT NOT LEAST - CHILDREN
SAME APPLIES – CONSENT – PARENTAL CONSENT.
PROTECTION SCHOOLS
ETHICAL AND CRIMINAL RESTRICTIONS