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Drones footage of private gardens

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  • 08-11-2020 1:44am
    #1
    jenceire
    Registered Users Posts: 10 ✭


    Someone posted a drone video on a community Facebook page showing it filming a privately managed housing estate with visual footages of the residents' back gardens of houses.

    Can anyone advise if this is a privacy breach?

    Tried to ask the person to take down the video but with no luck.


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    #2
    ScrubsfanChris
    Registered Users Posts: 8,599 ✭✭✭ScrubsfanChris


    Legal if the drone was 30m away, outside an ATC and no identifiable people or anything that would identify someone in the footage.

    If the video breaches any of the above you have grounds for removal.

    PM me the video if you wish to have a look.


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    #3
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    ScrubsfanChris wrote: »
    Legal if the drone was 30m away, outside an ATC and no identifiable people or anything that would identify someone in the footage.

    If the video breaches any of the above you have grounds for removal.

    Just to further query this -- i recently had a situation where someone used drone footage of a rear garden of a private house to make a submission / complaint re planning.
    Is this allowable? Best i can find says that a person is entitled to privacy at rear of their property.


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    #4
    TychoCaine
    Registered Users Posts: 673 ✭✭✭TychoCaine


    mickdw wrote: »
    Just to further query this -- i recently had a situation where someone used drone footage of a rear garden of a private house to make a submission / complaint re planning.
    Is this allowable? Best i can find says that a person is entitled to privacy at rear of their property.
    *People* are entitled to privacy. Property has no right to privacy. If there's no people in the video then it's nowhere near as cut & dry.


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    #5
    jenceire
    Registered Users Posts: 10 ✭jenceire


    TychoCaine wrote: »
    *People* are entitled to privacy. Property has no right to privacy. If there's no people in the video then it's nowhere near as cut & dry.

    Is there a difference if the private house is situated on public lands Vs a public estate (eg not under county council management? Assume filming public land is different to private land from a data privacy perspective?


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    #6
    jenceire
    Registered Users Posts: 10 ✭jenceire


    ScrubsfanChris wrote: »
    Legal if the drone was 30m away, outside an ATC and no identifiable people or anything that would identify someone in the footage.

    If the video breaches any of the above you have grounds for removal.

    PM me the video if you wish to have a look.

    Apologies for silly question, what is ATC?


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    #7
    99nsr125
    Registered Users Posts: 1,183 ✭✭✭99nsr125


    jenceire wrote: »
    Apologies for silly question, what is ATC?

    Controlled air space


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    #8
    ScrubsfanChris
    Registered Users Posts: 8,599 ✭✭✭ScrubsfanChris


    jenceire wrote: »
    Apologies for silly question, what is ATC?
    Air traffic control zone.

    Sorry, I should have been more specific. Hobbyists (which I'm assuming this person is?) aren't by law allowed fly a remote control craft of any find above 15m in Class C airspace.

    There are exceptions but the ones I've come across relate to RC models and flying clubs.

    Where was the video filmed? Dont have to be too specific if you dont want to, general ball park area.


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    #9
    jenceire
    Registered Users Posts: 10 ✭jenceire


    ScrubsfanChris wrote: »
    Air traffic control zone.

    Sorry, I should have been more specific. Hobbyists (which I'm assuming this person is?) aren't by law allowed fly a remote control craft of any find above 15m in Class C airspace.

    There are exceptions but the ones I've come across relate to RC models and flying clubs.

    Where was the video filmed? Dont have to be too specific if you dont want to, general ball park area.

    Santry Dublin and within 5 km of Dublin airport. Think it is a breach then?


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    #10
    TychoCaine
    Registered Users Posts: 673 ✭✭✭TychoCaine


    jenceire wrote: »
    Santry Dublin and within 5 km of Dublin airport. Think it is a breach then?
    There's 3 ways a drone pilot can break laws
    1. ATC
    2. Trespass
    3. Privacy

    Flying above 15m in Santry is against ATC rules, but all they'll do is (at worst) fine the owner. They're not going to do anything about the video.

    If he flew low over your property then he may have trespassed, but the act of being on private property is the violation, not the video recorded while there. So nobody is going to do anything about the video on those grounds either.

    A privacy complaint is the only way for the OP to make that video go away. If the poster won't remove it, then go to the community page owner or Facebook themselves. You'll find that they move very quick in these situations.


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    #11
    ScrubsfanChris
    Registered Users Posts: 8,599 ✭✭✭ScrubsfanChris


    jenceire wrote: »
    Santry Dublin and within 5 km of Dublin airport. Think it is a breach then?
    While it probably won't get the video taken down, mentioning this to him/her will hopefully mean it wont happen again.

    And TychoCaine is right, Dublin ATC won't give a toss about your privacy but its good to use as a threat to report this person in the future.

    Whats the facebook page?


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    #12
    jenceire
    Registered Users Posts: 10 ✭jenceire


    TychoCaine wrote: »
    There's 3 ways a drone pilot can break laws
    1. ATC
    2. Trespass
    3. Privacy

    Flying above 15m in Santry is against ATC rules, but all they'll do is (at worst) fine the owner. They're not going to do anything about the video.

    If he flew low over your property then he may have trespassed, but the act of being on private property is the violation, not the video recorded while there. So nobody is going to do anything about the video on those grounds either.

    A privacy complaint is the only way for the OP to make that video go away. If the poster won't remove it, then go to the community page owner or Facebook themselves. You'll find that they move very quick in these situations.

    Thanks, we had a few members of the estate private message the person regarding privacy complaints. He has blurred out the section of the drone footage now.


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    #13
    ScrubsfanChris
    Registered Users Posts: 8,599 ✭✭✭ScrubsfanChris


    jenceire wrote: »
    Thanks, we had a few members of the estate private message the person regarding privacy complaints. He has blurred out the section of the drone footage now.
    Good, atleast that's something.

    Randomly, I think I've actually seen the video you've been talking about. And if he is a "hobbyist" then he's breaking the law flying like that.

    If you know he's not certified and insured, when you or your neighbours see him flying there again ring Dublin ATC. They won't be annoyed by your phone call but the opposite.
    This might sound petty, but he's not on the edge of controlled airspace, but within sight of the Dublin airport and a real danger.


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