IP - 07121-1/2020/195

IP - 07121-1/2020/195
Authority:	IP (Slovenia)
Jurisdiction:	Slovenia
Relevant Law:	Article 6(1)(e)GDPR Article 6(1)(f) GDPR Article 32 GDPR Article 58 GDPR
Type:	Opinion
Outcome:	n/a
Started:
Decided:	n/a
Published:	14. 02. 2020
Fine:	n/a
Parties:	n/a
National Case Number/Name:	07121-1/2020/195
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language(s):	[[:Category:|]] [[Category:]]
Original Source:	Informacijski pooblaščenec (in )
Initial Contributor:	n/a

On 14 February the Informacijski pooblaščenec, Information Commissioner of the Republic of Slovenia (IP), provided a non-binding opinion pursuant to Article 58 GDPR. The subject matter of the opinion regarded the legality of installing an automatic camera for the purpose of monitoring recreational activities on watercourses in the Triglay National Park (TNP). The IP refrained from commenting in the particular, but highlighted areas which required a closer look by the park.

English Summary

Content of the opinion

The first question concerned the purpose of installing the cameras. As highlighted by the IP, the stated purpose was to obtain information about the number and size of boats and the number of persons in them for statistical monitoring.

The IP recommended a setup which could give the national park data in anonymized form, highlighting the need to ensure that personal data is not captured and further processed with regards to specific or identifiable individuals. Furthermore, while stating the necessity for technical solutions if cameras were to be implemented, merely having the camera “facing the back” of the people being recorded was highlighted as probably being insufficient.

If the personal data cannot be provided in anonymized form, a legal basis would be required. Article 6(1)(e) and (f) was emphasized as potential relevant legal bases. The valid use of (e) and (f) as potential legal bases were not substantiated.

Furthermore, the IP brought attention to the fact that video surveillance required a Data Protection Impact Assessment and the guides written on the subject by the IP.

Finally, the IP highlighted the requirements under Article 32 to implement appropriate technical and organisational measures to ensure the security of processing.

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English Machine Translation of the Decision

The decision below is a machine translation of the ***LANGUAGE*** original. Please refer to the ***LANGUAGE*** original for more details.

Date: 02/14/2020
Title: Using drones
Number: 07121-1 / 2020/195
Subject matter: Modern technologies, Municipalities
Legal act: Opinion

The Information Commissioner (hereinafter: IP) has received your letter asking us for an opinion on the use of drones. As you explained, you wanted to get information from the municipality whether the municipality had a proper control of the shooting of the lake and its surroundings with drones. Filming is expected to expand widely this fall and winter. You have received from the inter-municipal police department only a clarification that the relevant area is governed by the Decree on Unmanned Aerial Systems (Official Gazette of the Republic of Slovenia, Nos. 52/16 and 81/16 - afterwards; http://www.pisrs.si/Pis.web/reviews ? id = URED7317 & 0.5806895639579236) and that the supervision is exercised by the Civil Aviation Agency of the Republic of Slovenia and the Information Commissioner (Article 19).

On the basis of the information you have provided, hereinafter referred to as Article 58 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Directive 95/46 / EC (hereinafter: the General Decree), point 7 of the first paragraph of Article 49 of the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, No. 94/07, officially consolidated text, hereinafter ZVOP-1), and 2 Article 43 of the Information Commissioner Act (Official Gazette RS, No. 113/05, hereinafter ZInfP), we provide our non-binding opinion on your question.

The use of drones in the Republic of Slovenia is regulated by the Regulation on Unmanned Aerial Vehicles, but with 1.7.2020, a new EU regulation will begin to apply, which will set common rules in the field of drones and replace the current national legislation. Learn more at the link: https://www.caa.si/new-group-eu-addition.html

The new rules are also reflected in this presentation:

https://www.caa.si/upload/editor/file/filed7ed2aa0336d929.pptx

IP further clarifies that, with respect to the use of drones, it is competent (only) to monitor that the drones' operators have fulfilled their obligations to carry out an impact assessment on the protection of personal data and to the mere lawfulness of the collection of personal data in accordance with the provisions of the General Regulation. The Civil Aviation Agency of the Republic of Slovenia is competent to supervise in terms of flight safety and compliance with other provisions governing drones such as licenses, training and other flying conditions. Both authorities may exercise control over their respective competences on the basis of notifications received or ex officio.

In case of violation of the provisions of the law on public order and peace, the police are responsible for controlling the provisions of the Law on Public Order and Peace (ZJRM-1).

We believe that flying drones can be frustrating for other people at times, but control is realistically possible at most through reporting and when there are relatively clear indications that an operator is in violation of the law - flying drones as such is not prohibited but allowed under certain conditions.

The new European regulation, effective from 1.7.2020, will also make compulsory drones mandatory, which will also facilitate the control of their use, as well as the possibility to exclude certain geographic areas where drones are allowed or only allowed under drones. certain conditions. With regard to the latter, we would have more information at the line Ministry of Infrastructure or the Civil Aviation Agency of the Republic of Slovenia.

With respect,

Mojca Prelesnik, univ. dipl. right.,

Information Commissioner

Prepared:

Mag. Andrej Tomsic,
Deputy Information Commissioner