GDPR and commercial drones: How do the two relate?

By 21. May 2018October 5th, 2020No Comments
commercial drone data rights

See how right of access, and data portability can even affect your commercial drone business.

Have you noticed an increase in the number of emails lately that say “we have updated our privacy policies and terms of service”? It’s not just the big deals like Amazon, Apple, Google, and YouTube, it’s just about everyone – and for good reason. They’re all preparing for May 25, 2018, when new regulations go into effect that apply to personally identifiable data they collect on citizens of the European Union.

What are the important GDPR requirements?

  • The right to be informed requires you to be transparent about what you collect and how you use it (Article 12, 13, and Article 14 number 11)
  • The right of access allows individuals to see what personal data you’re processing and storing (Article 15)
  • The right to rectification allows individuals to have their personal data corrected (Article 16)
  • The right to erasure, also known as the right to be forgotten (Article 17)
  • The right to restrict processing allows individuals to stop you from performing operations (collecting, processing, storing, etc.) on personal data (Article 18)
  • The right to data portability gives individuals access to the personal data you have about them (Article 20)
  • The right to object, or prevent you from processing their personal data (Article 21)

So what do commercial drones have to do with this?

Well, if your company has any clients, or contacts, or work in the EU, then the GDPR affect you . The regulation applies when you collect, store, and process data or images that constitute someone’s “personal data” (such as names, email addresses, phone numbers, etc.), or “personal identifiable information” (such as aerial images of and geo-references to persons).

Who in the commercial drone market might it apply to?

Agriculture drones? Maybe. Probably not those collecting agricultural data, since that type of data rarely attaches personally identifiable information (or personal data) of an individual.

Film / Photo / Video drones? Definitely. It applies to drone wedding photographers, real estate photographers, film companies, and any other commercial service. GPDR states that pictures containing people that can be identified are to be considered personal information and must be handled with care. Unless you are using the pictures for news or art, you must have a consent from the person giving you permission to publish the picture.

Inspecting and monitoring drones? Maybe. Probably not those collecting data on structures (such as towers, transmission lines, or oil rigs), since it rarely attaches personally identifiable information (or personal data) to an individual, but it definitely applies to those performing site monitoring where individuals can be tagged or identified.

GIS (mapping and surveying)? It depends. It depends on the downstream use of the data you collect. You are in the chain of custody and custodians may need to generalize or filter identifiable features or patterns of people from geospatial information.

Cloud-based data services? Same as GIS. You are in the chain of custody and may need to filter information; otherwise, your risk is high.

Read the full article here

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