No privacy legislation on drones flying over homes

JPC told government has yet to legislate on privacy and drones

Anton McNulty

Privacy concerns regarding the flying of unmanned drones over people’s homes have yet to be legislated for and there is nothing any state agency can do it.
Members of the Mayo Joint Policing Committee (JPC) received the information following a presentation from an offical in the Irish Aviation Authority (IAA) about the regulation of drones. The presentation was made following a complaint from one of the members regarding drones flying low over estates.
Cllr Neil Cruise raised the matter at December’s meeting of the JPC, saying he feared that drones could be used by ‘peeping Toms’ after the devices were seen flying over a housing estate in Foxford at 4.45am.
Captain Lou Fine of the IAA told members at a recent meeting of the JPC that the IAA had no authority covering breaches of privacy because the matter has not been legislated for.
“We are responsible for aviation security and most of all responsible for aviation safety. What we are not responsible for and where there is no legislation in place at the moment is privacy law. Using a drone and peaking in somebody’s window, the aviation authority can’t help you with,” he told the meeting.

Laws undetermined
Capt Fine explained that European regulation on the flying of unmanned aircraft is due to implemented in the summer, and it was up to each national government to do so. However, he said, the Irish Government has yet to legislate for it, and privacy law regarding drones has yet to be determined.
“We the authority [IAA] have been told by Europe that we must enforce this regulation. That legislation hasn’t been developed at national level, and it has to be. Europe has told us we can’t keep kicking the can down the road – we have to come up with a way to enforce it … None of this has been sorted out at the political level,” he said.
Chief Superintendent Tony Healy told the meeting that from an enforcement point of view the ‘legislation doesn’t seem to be robust in relation to identifying offences [and] what powers a particular agency has regarding the wrongful use of drones’.
Responding to Capt Fine’s presentation, Cllr Cruise said he had concerns over the privacy aspects and capture of data from drones and called for each drone to have a registration number and for anyone buying one to produce photographic ID.

Criminal use
Capt Fine said the drone industry was a billion-euro business but despite this, there are more rules for riding a bicycle than flying a drone. In Ireland, he said, there are 22,000 registered owners of drones, and that he suspects the real figure are higher, as not everyone registers with the IAA when they buy a drone.
While there are many positive aspects to drones, Capt Fine acknowledge that they are also used by criminals in smuggling and the surveillance of farms.
A suggestion by Cllr Michael Loftus that they could be shot down by a farmer if they are flying over lands without permission was dismissed by Superintendent Gabriel Moran, who said this would not be legal.
In relation to the flying of drones, Supt Moran said that the legislation does not create an offence but creates a prohibition of doing certain acts, which allows the IAA to seize a drone.
Peter Hynes, Chief Executive of Mayo County Council described the issue as complex but suggested that a working group be formed to see if an advice note on some of the issues could be made available to the public.