Introduction: drones, privacy and data protection

Avisa Considerati Drone Seminar, 3 September 2013 mr. dr. Bart W. Schermer schermer@considerati.com twitter: @bwschermer

Agenda: drones, privacy and data protection

•  Privacy and drones •  Privacy and data protection in Europe

•  The upcoming Data Protection Regulation

Privacy and drones

•  Unmanned Aerial Vehicles (UAV)

-Military: combat drone (UCAV)

•  Ground control station

•  UAVs can fly autonomously or remotely controlled

•  Equipped with sensors (camera)

Drones

Media on drones

Drones in the Legal Life Cycle™

High costs Little influence on developments

Low costs Big influence on developments

Behaviour & Abuse

Technology & Innovation

Societal Issue

Law & Policymaking

Policy Execution Compliance Enforcement

& Litigation

Privacy concerns prompt regulatory intervention

•  Privacy issues related to observation & surveillance with drones

•  Privacy issues related to storage and use of images made by drones

•  Use of drones for law enforcement purposes

•  Use of drones for non-law enforcement purposes

Drones & Privacy

Privacy and data protection in Europe

Privacy in Europe: a taxonomy

Dimensions of privacy Privacy relations Privacy goals

Body Home Correspondence Information (data)

Citizen ! " Government Consumer ! " Business Citizen ! " Citizen

…

11

big brother

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Source: Banksy

Legislative approaches

•  Right to privacy (general)

•  Rules on the use of cameras - law enforcement: public order law (CCTV) & criminal procedure - civilian context: anti-spying legislation, tort

•  Rules on the use of images captured and stored with cameras

- law enforcement: police and criminal justice data protection legislation - civilian context: data protection legislation

Legislative approaches

EU privacy and data protection legislation

•  UDHR - Article 12

•  ECHR - Article 8 •  Council of Europe Convention on data protection •  Directive 95/46/EC

•  Directive 02/58/EC & 09/136/EC (telecoms)

•  (General Data Protection Regulation)

Privacy and data protection

Article 8 ECHR

Article 8 – Right to respect for private and family life 1.  Everyone has the right to respect for his private and family life, his home and his

correspondence. 2.  There shall be no interference by a public authority with the exercise of this right

except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Have we specified the purposes for

data processing?

Is this goal legitimate?

Do we process personal data responsibly?

Legitimate purpose for data processing Legal requirements for data processing

Structure and logic of EU data protection law (95/46/EC)

The EU Data Protection Regulation

•  Data Protection Regulation (supersedes Directive 95/46/EC)

•  Police and Criminal Justice Data Protection Directive

Two legislative instruments

•  Broader definition of personal data •  Explicit consent •  Right to be ‘forgotten’ •  Right to data portability •  Mandatory ‘privacy by design’

•  Mandatory ‘data protection impact assessment’ •  Mandatory DPO •  Data breach notification •  Very, very high administrative fines (www.privacychecker.eu)

Data Protection Regulation ‘highlights’

The legislative process (so far)

Commission Consultation

Official Proposal

Proposal discussed In EU Council

LIBE

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2012 Autumn 2013?

??? begin 2014?

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Parliament

Position

European Council preparations

First reading in EU Parliament

Council position

mid 2014?

Parliament

2nd and 3rd reading

Council

Regulation adopted

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Contact Bart Schermer + 31 61 343 3437 + 31 20 737 0069 schermer@considerati.com Address Postbus 76949 1070 KE Amsterdam Visiting Address Meeuwenlaan 106 F 1021 JL Amsterdam www.considerati.com

Contact details