Monday, December 21, 2015

New rules: Drones with cameras need permission – New Technology

       

After a long legal battle is now beating of Appeal in Jönköping firm that CCTV Act applies to cameras mounted on drones and filming or taking pictures of the places to which the public has access, such as parks or streets.

The Data Inspection Board, that is the central supervisory authority, has always interpreted the rules as to the law includes cameras on drones.

Is the new ruling a victory for the Data Inspection Board?

– Yes absolutely, we can of course see clearly in the judgment that this technology should be covered by the law, says Malin Ricknäs, lawyer for the inspection.

The judgment means that one must have permission for camera use the County Administrative Board.

Several similar cases have been up for trial. The present case concerns an entrepreneur in Lotorp in Finspång municipality – photographing nature, land – and residential areas and buildings from above. He believes that photography should not be regarded as surveillance and appealed a decision of the provincial government. He got the first right in the Administrative Court, who argued that the short flight time played the role of assessment.

But the Appeal goes entirely to the Data Inspection line and eliminates the Administrative Court.

The Court considers, among other things, that the use of cameras on drones in public places can mean big risks for invasion of privacy, and that the legislature intended to regulate this.

According to the new judgment considered the camera as permanent ranking, which is a requisites for the law to apply.

Another condition concerns the operation. For hand-operated cameras on mobiles and frogs, other rules apply than surveillance law.

But the companies in the case stated that the camera on his quadrocopter can shoot on their own.

– The judgment has not yet becomes effective. We will now see if it appealed to the Supreme Court, says Malin Ricknäs.

A similar case applies to a photographer in Skåne filming gardens with drones, that goal has delvits followed up in appeal, but is not completely settled .

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