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Technically known as unmanned aerial vehicles (UAVs), drones are an increasingly common sight.
Their rapidly growing availability and use by agencies and hobbyists has triggered fears about their impact on privacy and aviation safety.
The Privacy Act is a technology-neutral piece of legislation, which gives the basic principles by which we can make an assessment on the privacy implications of an emerging technology.
The threat drones pose to privacy is consistent with the use of any camera, including mobile phones or automated CCTV systems.
The main points for any camera operator to observe are:
The Privacy Act applies to information gathered by an agency about an identifiable individual, and it concerns how that information is collected, handled and disclosed. Information on what defines an agency is available here.
There are also other laws in Aotearoa New Zealand relevant to using drones to film or record. For example, it is against the law to make covert intimate recordings of people without their consent or knowledge, and to publish them.
For example, if you are sunbathing semi-naked in your own back yard surrounded by a three-metre-high fence, you would have an expectation that you won’t be spied on. See section 216G to 216J of Crimes Act 1961. There’s also the possibility the homeowner might want to take their own court action against the camera operator for invasion of privacy.
It is also against the law to peer into people’s homes and record any activity within. See section 30 of the Summary Offences Act 1981.
The Civil Aviation Authority of New Zealand outlines the rules and regulations for flying drones on their website.
