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Laws about sharing drone photos or videos?

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  • 25-10-2020 4:11pm
    #1
    Registered Users Posts: 66 ✭✭


    Hi Folks,

    Is anyone able to help me or point me in the right direction?

    What are the laws around sharing drone photos/videos online. Lets say for example someone flew a drone over a landmark that was on "private" land, let's use powerscourt waterfall as an example, are there any laws that prevent sharing of such a photo or video? Does data protection come into play or would permission be needed from the land owner?

    I cant find anything online regarding regulations like this.

    Thanks.

    Ps I have not flown a drone over powerscourt waterfall, this is just an example.


Comments

  • Hosted Moderators Posts: 4,948 ✭✭✭pullandbang


    There's no law against it so post away. Well that certainly applies to photos so I'd imagine video would be the same.


  • Registered Users Posts: 673 ✭✭✭TychoCaine


    I cant find anything online regarding regulations like this.

    You haven't looked very hard. Regarding data protection - you need to make absolutely certain you don't publish Personally Identifying Information without permission. PII in this context is faces, car license plates or anything else that could enable someone identify an individual. Either don't record it or blur it out prior to sharing it.

    The only other areas of law that might come into play are trespassing and harassment. "The rights of a property owner are restricted to height necessary for the ordinary use and enjoyment of his land". Therefore, as long as you keep the drone high enough and far away enough not to bother the landowner, you're good.

    https://dataprotection.ie/en/guidance-landing/video-recording
    https://www.farmersjournal.ie/can-i-shoot-down-a-drone-if-i-suspect-its-it-surveilling-my-farm-557738


  • Registered Users Posts: 66 ✭✭sausagekayak


    TychoCaine wrote: »
    You haven't looked very hard. Regarding data protection - you need to make absolutely certain you don't publish Personally Identifying Information without permission. PII in this context is faces, car license plates or anything else that could enable someone identify an individual. Either don't record it or blur it out prior to sharing it.

    The only other areas of law that might come into play are trespassing and harassment. "The rights of a property owner are restricted to height necessary for the ordinary use and enjoyment of his land". Therefore, as long as you keep the drone high enough and far away enough not to bother the landowner, you're good.

    https://dataprotection.ie/en/guidance-landing/video-recording
    https://www.farmersjournal.ie/can-i-shoot-down-a-drone-if-i-suspect-its-it-surveilling-my-farm-557738

    Thank you so much for this, I really appreciate it, I will check out the links you shared. I read the one about shooting down drones but not the other one.
    Thanks again


  • Registered Users Posts: 28,070 ✭✭✭✭looksee


    Drones are not permitted at OPW sites (Powerscourt is not an OPW site)
    https://heritageireland.ie/visit/venue-hire/filming-and-photography/


  • Banned (with Prison Access) Posts: 426 ✭✭Eleven Benevolent Elephants


    Can I fly a drone over my neighbours garden?


    My instinct tells me I cannot, but what if I was 1,000 metres above the garden? And I had a good optical zoom to take clear pictures?


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  • Registered Users Posts: 66 ✭✭sausagekayak


    Just read that you need a permit for flying in Wicklow National Park.
    Good to know.


  • Registered Users Posts: 673 ✭✭✭TychoCaine


    looksee wrote: »
    Drones are not permitted at OPW sites (Powerscourt is not an OPW site)
    https://heritageireland.ie/visit/venue-hire/filming-and-photography/

    It's a policy, but it's not a bylaw that I can find published anywhere. An OPW employee can walk up to you and ask you to stop, but you can't be punished by way of a fine for having done it. As long as you take off from outside the park (because you need the landowner's permission to take off and land) and don't obstruct or harass anyone, I'd say you're in the clear.


  • Registered Users Posts: 2,368 ✭✭✭Fionn


    The thing about some OPW sites is that you may require permission from them for any kind of photography/video.

    Especially if it's commercial, I've done enough wedding sessions in them! some will require permits and insurance policy etc.

    You can look up the site's webpage to find out what the policy on photography is in most of them.


  • Registered Users Posts: 673 ✭✭✭TychoCaine


    Fionn wrote: »
    The thing about some OPW sites is that you may require permission from them for any kind of photography/video.

    Especially if it's commercial, I've done enough wedding sessions in them! some will require permits and insurance policy etc.

    You can look up the site's webpage to find out what the policy on photography is in most of them.

    It's a policy though, not a law. It has no legal standing on it's own. They enforce it by using trespass laws to kick you out if you don't obey. Overflying private property with a drone isn't trespass as long as you're flying high enough to not to impede the owner's use of the property, and take off and land somewhere you have permission to use.

    In my opinion you shouldn't operate a drone anywhere you end up upsetting people, so I wouldn't fly one near an OPW site anyway, but there's no actual law against it.


  • Registered Users Posts: 66 ✭✭sausagekayak


    TychoCaine wrote: »
    In my opinion you shouldn't operate a drone anywhere you end up upsetting people, so I wouldn't fly one near an OPW site anyway, but there's no actual law against it.


    Id agree with this also.


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  • Registered Users Posts: 584 ✭✭✭sumo12


    Can I fly a drone over my neighbours garden?


    My instinct tells me I cannot, but what if I was 1,000 metres above the garden? And I had a good optical zoom to take clear pictures?

    No such thing as a good optical zoom on a drone. Bear in mind that the camera is about on a par with your mobile phone. Stand 1000m away from someone and take a pic with your phone and see what it's like when you zoom in.

    That said, why do you want to fly over your neighbours garden...? :D


  • Registered Users Posts: 2,368 ✭✭✭Fionn


    Same result tho! their policy may preclude you overflying their site! If you don't overfly the site obviously their policy is not breached.

    I've done some survey work in the past and some residential property was visible in some clips, but I wasn't flying directly overhead and anyone wasn't immediately identifiable. Course the footage wasn't going public as such, it was for planning and mapping purposes so different scenario I suppose.

    Some people can get mighty upset with drones hovering over their house or garden.


  • Registered Users Posts: 673 ✭✭✭TychoCaine


    Fionn wrote: »
    Same result tho! their policy may preclude you overflying their site! If you don't overfly the site obviously their policy is not breached.
    A policy isn't a law though. Nobody is getting fined for breaking a policy


  • Registered Users Posts: 2,307 ✭✭✭Irish Stones


    Fionn wrote: »
    The thing about some OPW sites is that you may require permission from them for any kind of photography/video.


    Any kind of photography? Even for tourism and/or for no profit (at all) purposes?
    Lots of tourists and people have published their photos on the web.

    Only once I was asked what I was going to do with my photos upon entering Quin Friary. I was the only one being questioned, al other tourists were let go in with no questions asked.


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