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News: Drone recordings may not be placed on the internet in Spain

News: Drone recordings may not be placed on the internet in Spain
12 Jun 2019

The Spanish data protection agency has published the "Drones y Protección de Datos" manual for a use of drones that complies with the protection of privacy.

In this manual tips and recommendations are given to drone owners where the agency emphasizes that posting of photos and videos for private use on the internet is not permitted.

According to the Agencia Española de Protección de Datos (AEPD), these are photographs or video recordings that have been shot in private and on which people can be seen whose faces cannot be placed on the internet without explicit permission.

According to the manual, it is important to make a distinction between protection of privacy and protection of personal data. The right to protection of privacy or "privacy" is laid down in, among other things, the European Convention on Human Rights (ECHR) and the Spanish Constitution. This right protects more than just personal data. It also protects spatial, relational and physical privacy.

The AEPD manual is subdivided into five chapters. The first three are dedicated to the types of operations that can be performed with drones where they are classified according to data processing.

The first class includes the very simple configurations that do not use equipment for capturing images, sound or any other kind of personal information. Recreational or sporting applications can be included in this category.

The second class includes, among other things, drones for the inspection of infrastructures, the preparation of maps or video services for film, television or advertising in which the recording of personal data can occur unintentionally.

In the third class, a drone can be used explicitly for the processing of personal data such as photos, videos and sounds.

In all three classes, the manual offers tips and recommendations for both amateurs and professional drone operators. Frequently asked questions are also asked and answered in the manual, whereby attempts are made to remove any doubts regarding the possible processing of personal data collected via a drone.

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