In recent times, privacy regulation has been put under pressure due to rapid technologic advances. One such new technology is that of drones. The fast rise of civil applications poses a challenge to the existing privacy regime. With a unique capability to magnify the intrusiveness of existing surveillance technologies, the drones bring about new challenges. Due to high mobility, small size, low cost, accessibility and an expanding range of payloads, the potential seems endless. But to what extend are the use of drones blocked by existing regulations?
On that note, this thesis sets out to examine to what extent the existing Danish privacy regulation allows private parties to use drones in the civil sector. The thesis examines how the Danish Act on Processing of Personal Data regulates the use of drones. Specifically, the thesis analyses to what extent private parties may operate drones, taking into account the data protection principles, the legal basis of data processing and the rights of the data subject. Furthermore, the thesis examines in which instances the deployment of drones falls under the scope of The Danish Act on TV Surveillance and The Danish Criminal Code in regards to data processing.
In addition, the thesis briefly discusses the expediency of the current privacy regulation in relation to national and international objectives regarding the introduction and facilitation of the application of drones in the civil sectors.
The thesis concludes that the Danish Act on Processing of Personal Information does not prohibit the use of drones in general. The regulation may provide legal basis for the use of drones, but only to the extent that the application of drones is necessary. Also, the data controller must ensure that the processing of personal data conducted by the drone abides to the principles of data processing and complies with the rights of the data subject enshrined in the rules. In some specific cases, the principles may directly obstruct the use of drones while the regulation generally impedes the use of drones by inducing additional expenses in the form of eternal counselling, change of operations and modification of drones and payloads. In addition, the Danish Act on TV Surveillance and the Danish Criminal Code may apply simultaneously to the Danish Act on Processing of Personal Data and in additional specific scenarios, further complicate the use of drones.