Respect for privacy and third parties
Many drones are equipped with cameras or sensors that can record personal data, potentially without the knowledge of the individuals concerned. Drones can also be a nuisance to those in the vicinity, particularly due to noise pollution.
The information provided below is for guidance only. The FOCA is not the authority responsible for these matters and does not provide official advice.
Privacy and data protection
A drone pilot may sometimes film or photograph people, or record their voices. This information is considered personal data when it relates to identifiable individuals. For the sake of clarity, the term ‘image’ is used on this page, but the same principles also apply to other personal data recorded by a drone, such as voices.
An image counts as personal data processing if a person can be identified, either directly or indirectly, through features such as their face or silhouette. It is not automatically a breach of personality rights if someone is identifiable – the context and cirumstances of the image must also be taken into account.
In general no breach of personality rights arises if the person has made their data publicly accessible and has not prohibited their processing. Furthermore, the risk of an infringement of personal rights is generally lower if a person appears in a crowd without being singled out (e.g. in an aerial shot taken at a festival attended by large numbers of people) or if they are merely a minor figure in the image (e.g. a pedestrian walking down the street in an aerial photograph). However, this must always be assessed on a case-by-case basis.
An invasion of personal privacy can occur even if the images are not recorded, for example if the drone’s live feed allows people to be observed in an area that is not normally accessible to the public.
A breach of personality rights may be justified by the consent of the person concerned, an overriding public or private interest, or by law. Where there is any doubt regarding an overriding public or private interest, care must be taken to inform the people concerned and obtain their consent before the drone flight. Consent must also be given for storing the images, regardless of the medium.
In practice, there are generally two scenarios:
- Images in public spaces. In a public space, it can generally be assumed that a person consents to being photographed unless they have expressly refused.
- Images in the private sphere. Images of people in a private, fenced-off area that would not be visible to passers-by, such as a garden, terrace or courtyard. In this case, consent cannot be assumed and must be obtained expressly from each person concerned.
Noise nuisance and neighbouring properties
Even if a drone is not fitted with a camera, certain rules must be observed. Operators and remote pilots must respect the private property of third parties and their right to enjoy their property without restriction.ur sa propre parcelle, un exploitant produit des nuisances qui se font ressentir sur le terrain d’un voisin (par exemple lors de vols d’épandage par drone), celui-ci peut aussi faire valoir certains droits.
Although airspace is a public good, the owner of a property has the right to enjoy their property without being disturbed.
Ownership extends above ground to the full height necessary for the exercise of that right. In other words, a remote pilot must obtain the consent of those concerned before flying their drone at low altitude over a third party's property (such as a neighbour’s garden) if this is likely to cause a nuisance. The height above ground at which a drone flying over private land constitutes an infringement of property rights is not clearly defined, as several factors come into play (drone size, noise level, etc.).
If a farmer causes a nuisance that affects a neighbour’s property even though they are flying above their own land (for example, when using a drone to spray crops), the neighbour can nevertheless assert certain rights.