A2 CofC Privacy and Data Protection 2

Question 1

A drone pilot inadvertently captures footage of a person in their garden. What offence might this constitute under UK law?

Accepted Answer

Potential violation of the right to privacy under the Human Rights Act 1998, Article 8, and possible voyeurism or harassment offences

Answer

No offence as gardens are visible from above

Answer

Only an offence if the footage is published

Answer

An offence only if the drone weighs over 2 kg

Question 2

How long should drone operators retain personal data captured during flights under UK GDPR?

Accepted Answer

Only for as long as necessary for the purpose it was collected, as defined in their retention policy

Answer

Indefinitely for future reference

Answer

Exactly 6 years in all cases

Answer

Until the drone's memory card is full

Question 3

What is the role of the Information Commissioner's Office (ICO) in relation to drone operations that capture personal data?

Accepted Answer

The ICO is the UK's independent data protection authority that enforces UK GDPR and can investigate complaints, issue fines, and provide guidance on drone privacy issues

Answer

The ICO has no jurisdiction over drone footage

Answer

The ICO only regulates government drone use

Answer

The ICO issues drone flight permits

Question 4

When is the domestic purposes exemption likely to apply to recreational drone flying?

Accepted Answer

When a person flies a drone purely for personal or household activities with no intention to share footage publicly or commercially

Answer

Always, for any recreational flight

Answer

Whenever the drone weighs less than 250g

Answer

Only when flying in one's own garden

Question 5

A commercial drone operator receives a Subject Access Request (SAR) from someone who believes they appear in drone footage. What must the operator do?

Accepted Answer

Respond within one calendar month, providing the individual with a copy of any personal data held about them, or confirming that no data is held

Answer

Ignore the request as drone footage is not covered by SARs

Answer

Charge a mandatory £50 fee before responding

Answer

Forward the request to the CAA

Question 6

What additional privacy consideration applies when a drone is equipped with a thermal imaging camera?

Accepted Answer

Thermal imaging can reveal information about activities inside buildings, potentially constituting a more invasive privacy intrusion that requires stronger justification and safeguards

Answer

Thermal cameras do not capture personal data

Answer

Thermal cameras are prohibited on all drones in the UK

Answer

Thermal imaging only requires consent from the property owner