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

Capturing footage of someone in their garden — where they have a reasonable expectation of privacy — could constitute a violation of Article 8 of the Human Rights Act (right to respect for private and family life). Depending on intent and circumstances, it could also be a criminal offence under voyeurism or harassment legislation.

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

UK GDPR's storage limitation principle requires that personal data be kept for no longer than necessary for the purposes for which it was collected. Drone operators should have a clear data retention policy specifying how long footage is kept and when it will be securely deleted.

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 is the UK's supervisory authority for data protection. It enforces UK GDPR, investigates complaints from the public about privacy breaches including those involving drones, can issue enforcement notices and monetary penalties, and publishes guidance for drone operators on data protection compliance.

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

The domestic purposes exemption (also called the household exemption) applies when personal data is processed by an individual purely for personal, family, or household purposes. For drone footage, this would apply to truly private recreational use with no intention to publish, share widely, or use commercially. However, it does not exempt the operator from other drone regulations.

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

Under UK GDPR, a data controller must respond to a Subject Access Request within one calendar month. The operator must search their records, provide copies of any personal data held about the requester (or confirm none exists), and explain how the data is being processed. This service is generally provided free of charge.

A2 CofC Drone Practice Test

A2 CofC Drone Practice Test

A2 CofC Privacy and Data Protection 2