I'd say who the operator is would be the key to the images being PD or not.
If its being operated by a photographer or the like capturing images for a commission or a project then the images are unlikely to be PD as the operator doesn't have the means or the information to ID any individuals captured in the images.
However if it is operated by the police they could cross reference against their others systems such as the PNC and if the individual can be identified then the images become PD. Even with the police as operator the images may not all be PD if the police can't identify the individual in the image.
Just my tuppence
Lee Gardiner
Data Protection & Freedom of Information Officer
Knowledge Management Team
Lancashire Fire & Rescue Service
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Pounder
Sent: 06 December 2012 11:30
To: [log in to unmask]
Subject: [data-protection] Drones and the Law
Data Protection Act works here if personal data are processed. That is a big "if".
If personal data are processed, remember there is no data subject consent for the processing so the Schedule 2 grounds would have to be "necessary" in some kind of legitimate interest.
If it is not "necessary" then the processing can't be done.
The fairness issues have already been aired
Relevance is an issue
The only issue is the S.36 exemption if someone does this kind of monitoring for "fun"; essentially, this is the same problem as household CCTV being used to monitor neighbours.
C
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 06 December 2012 08:59
To: [log in to unmask]
Subject: [data-protection] Drones and the Law
Cameras on drone aircraft trigger calls for legislation:
http://www.bbc.co.uk/news/technology-20622395
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