Tag Archives: drone privacy

UK government drone proposals

The UK government has today ( 22nd July 2017) released its response to the drone public consultation exercise it carried out between December of last year and March of this year, and for the most part it remains very much a work in progress for most of the issues under consideration.

The one big decision that it has announced, which can hardly come as any surprise, is that the government will require drones above 250 grammes in weight to be registered. So why has it reached this decision, and why set it at above 250 grammes? The answers to these questions can be found in fresh research the government commissioned on the potential collision impact of drones hitting manned aircraft. It should be noted that even within a few hours of the research document being released, the way the research was undertaken has already been criticised by some drone users on the basis that unrealistic conditions were used when compared to actual flight scenarios.

That may or may not be true, but the government have clearly set their registration stall out, with plenty of encouragement from the British Airline Pilots Association (BALPA), who were one of the partner organisations in the collision impact research exercise. The results of this research showed that a 400 gramme drone could critically damage a helicopter windscreen and its tail rotor blade. Therefore, the government has chosen to set its registration requirement at machines weighing 250 grammes or more.

In its Consultation Report the government states that a registration scheme will help to improve safety, security and privacy. However, arguably the clear main focus of government attention is safety, and particularly safety in respect to manned aircraft. If the government were equally focussed on privacy for instance, then all drones (how will drones be defined for registration purposes?) no matter what weight, if they include a camera would need to have been registered, as it is perfectly possible to buy a drone under 250 grammes that possesses a decent quality, potentially privacy invasive filming system.

Whilst a registration scheme is to be introduced, there remain several unknowns conected to it. How much will the registration cost and will there be an annual renewal fee? The government have made clear that the drone user will be footing the bill for the running of the registration scheme. It also seems likely, although it has not been explicitly stated, that registration will not take place at the point of sale, when the drone is purchased. Arguably, a more robust registration scheme should be at the point of sale, but this would be burdensome  supposedly for retailers, so it is likely drone users will have to register after purchase.

But then comes another new feature of the government requirements – drone users will have to take a mandatory assessment test in order to at least in part be considered competent/eligible to fly their drone. How this is going to work is at present unclear. The government seem to be pointing to a form of online test to be taken at the same time as registration is made. So it could be that the test has to be successfully completed before registration can be undertaken. The test is described by the government as a basic knowledge of the law and how to fly safely, with the areas covered being safety, security and privacy. The use by the government of the word basic would point to a simple, straightforward awareness of the law test, but then for example when it comes to data protection and privacy law the word basic could arguably point to something a good deal more detailed.

In a move to allay some of the concerns of Model Aircraft Flying Clubs and their members, there is likely to be some exemptions as regards registration and the educational test. This if done correctly could encourage drone flyers or potential flyers to join such clubs.

Most of the other issues raised during the consultation exercise, such as insurance, electronic identification, and changes to the Air Navigation Order Rules and penalties imposed remain open issues for further consideration by the government.

When the registration scheme will become operational is unknown. It will be interesting to see whether following the introduction of the scheme there is a decline in the calls the public make to the police as regards drones, and the level of near misses to manned aircraft declines. Additionally, it will also be of interest to see how the police will deal with complaints they receive following the introduction of the registration scheme. A major problem for the police has been in regards to the level of resources they are prepared to commit to what in most instances they might consider low level offences.

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