Drone, model aircraft and unmanned aerial vehicles privacy notice - Privacy notices

The Community Protection Team at Herefordshire Council may use the above technologies to enable them to pursue enquiries made by members of the public. The focus will be to view land and premises in the county and in the course of this work, it is possible that individuals on the ground may be recorded. Your image is your personal data.

In order to operate statutory services to the people of Herefordshire, it is necessary for us to collect and hold personal information about you. This information will include:

• Recordings of your image if it is recorded as part of our work or investigations
• Time and location data in relation to the recording

All personal data held, is processed in accordance with data protection law. The Data Controller for the information outlined in this privacy notice is Herefordshire Council.

Herefordshire Council staff, operating the drones, model aircraft or unmanned aerial vehicles will be doing so in line with guidance from the Civil Aviation Authority (CAA) and all officers are trained to use the device.

We will collect information about you (where applicable) to:

• Monitor land and premises in relation to queries raised by members of the public
• Monitor land and premises in relation to investigations of illegal activity

Your safety and privacy

Any information collated may be used as part of the evidence for an investigation.  If you are identifiable in the footage and your identity is not relevant, redaction will take place to blur your image if appropriate.

We use qualified remote pilots to fly drones. Each operator has a General Visual Line of Sight Certificate (GVC), having passed theory and practical flight exams assessed by a CAA-approved organisation. The operator has overall responsibility for making sure every flight takes place safely and within the law and its amendments.

The qualified drone team will make sure:

• Images and video recordings captured drone are stored securely
• Any images or recordings not relevant to the purpose of the flight will be securely destroyed.

The Information Commissioner's Office has been consulted about data protection. A risk assessment sets rules for how the team must work.

The legal basis for processing the data is:

• The protection of your vital interests
• In the public interest or in the exercise of official authority

Other legislation which may apply are the Crime and Disorder Act 1998; Protection of Freedom Act 2012 and in certain circumstances, Regulation of Investigatory Powers Act. 

Landowners will be notified of any recording activity of their land where possible.

We may share your information with partner organisations, including:

• Internal or external enforcement agencies, such as trading standards, HMRC
• Police forces; Fire and rescue services
• Legal representatives of any person or organisation involved in any activity being investigated
• Other departments of the local authority if relevant to their field of expertise
• With members of the public under very strict data protection or freedom of information conditions

We will share details of those convicted with local crime reduction partnerships.

We will not normally share your information with organisations other than our partner organisations without your consent, however, there may be certain circumstances where we would share without consent such as where we are required to do so by law, to safeguard public safety, and in risk of harm or emergency situations. Any information which is shared will only be shared on a need to know basis, with appropriate individuals. 

Only the minimum information for the purpose will be shared.

We will only keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept for seven (7) years.  All information will be held securely and destroyed under confidential conditions.

You have a number of rights under data protection law, including the right to request your information and to request that the information be amended or erased if incorrect.

To request your records, you will need to put your request in writing and provide proof of identification to the Information Governance Team, Herefordshire Council, Plough Lane, Hereford HR4 0LE or via email, informationgovernance@herefordshire.gov.uk  We may not be able to share any footage with you directly, on request, if it forms part of a formal investigation however, please make the request as each request will be processed on an individual basis.

You also have a right to make a complaint about our handling of your personal data to the Information Commissioner’s Office.

If you have any questions or concerns about how your information is used, please contact the team manager of the Community Protection Team, Herefordshire Council, Plough Lane, Hereford HR4 0LE in the first instance.

You can also contact the Data Protection Officer, at Herefordshire Council, Plough Lane, Hereford HR4 0LE, telephone (01432) 260616, email: informationgovernance@herefordshire.gov.uk

More information about data protection and how it applies to you can be found on the Information Commissioner’s Office website.

Filming with drones page