Purpose
The purpose of this Policy is to ensure that the use of drones by staff at North Devon Council (NDC) is conducted in a safe manner and in accordance with regulatory requirements.
Drones help NDC to:
- detect and prevent crime
- investigate reports of environmental problems – for example, burning trade waste
- carry out enforcement investigations
- survey sites
- monitor progress of NDC regeneration projects
- market and promote NDC projects, events and tourism
In particular, drones help us to view sites that would be difficult to access on the ground.
Legislative Context
The use of aerial drones is governed by the Air Navigation Order 2016 (amended by the Air Navigation (Amendment) Order 2017.
There are various regulations dependent on the weight of the drone and the activity the drone will be used for. However, the overriding aspect for the use of drones is ‘The operation must not endanger anyone or anything’.
The drone, more formally known as an Unmanned Ariel Vehicle (UAV), will not be used outside of rules permitted by the Civil Aviation Authority (CAA), weighs less than 250g and will be used to monitor progress of NDC projects via aerial footage.
The Data Protection Act 2018 and UK GDPR legislation contains requirements concerning the collection, storage and use of images and other forms of personal data in line with the council’s data protection policy.
Images only are collected - we do not collect or store any personal information such as names, contact details or addresses and imagery collected will not be retained any longer than is necessary in line with NDC’s retention schedules.
Consideration has been given to the need for a Data Protection Impact Assessment (DPIA) however the use of drones for the above usage does not require an assessment to be made due to the type of images that will be filmed and data collected i.e. non personal information. Despite this, due consideration will be given to the Data Protection Principles during all uses of the drone and the need for a DPIA revisited as and when necessary.
In addition, the use of the drone is included in NDC’s combined Privacy Notice and Information Asset Register to provide further information.
NDC ensures that the usage follows the Regulation of Investigatory Powers Act 2000 in relation to conducting drone surveillance. We ensure that such surveillance is conducted overtly.
Competence
All individuals seeking to fly an aerial drone must be competent to do so. This means a Certificate of Recommendation for issue of a CAA Standard Permission for UAVs within the 0-7kg weight category for the drone operated by NDC.
Insurance
NDC has public liability insurance in place to a value of £5m.
Risk Assessment
A full risk assessment will be conducted prior to each flight, which will include but is not limited to:
- Notice to Air Missions to be checked prior to takeoff.
- Low Battery/Failsafe Return to Home enabled for all flights
- Anemometer used prior to each fly to ascertain wind speed. Flights not to occur in wind speeds that surpass 21 mph (manufacturer limit 24mph)
- Safe landing zone prepared through cordoning off with cones, providing a landing space of at least 3m x 3m
- Spotter used for each flight and instructions provided to spotter in case of pilot becoming incapacitated
- Air Traffic Control number logged prior to flight in case drone malfunctions and visual line of sight is lost
- In the event of foreign aircraft encroachment, pilot to descend UAV immediately to a suitable height to prevent risk of collision.
- Visual inspection of drone with a safety checklist.