Inside Housing – Comment – Housing providers using drones for building surveys must be mindful of the legal risks

Another thing worth considering is the type of drone used and if it has an ‘on’ and ‘off’ facility, or if it records continuously.

It is much better from a data protection compliance point of view if only the footage that is absolutely necessary is recorded, so turning the drone on when it gets to the roof would limit the footage, for example, and potentially mean that no personal data is captured at all.

Security of the data captured is also a paramount consideration. Does the drone connect or interface with other technology? How is the data secured? Is it on the camera itself or is it transferred to another computer?

The most important thing is to make sure the data is secured should the drone crash and be picked up by an unknown third party.

Finally, are protective measures implemented in the drone itself, such as a limited field of vision or recording only at certain altitudes? These are all things to consider and note in a DPIA.

If a group of residents wanted to prevent their landlord from using a drone, then they could ultimately attempt to injunct, arguing that their privacy was being infringed. However, if use of the drone is limited as described above, then a legal bid of this nature is unlikely to succeed.

If a social landlord was to capture data that it did not have the right to, then it could be reported to the Information Commissioner’s Office and the provider could potentially be fined. However, if all of the above procedures are followed, then this would also be extremely unlikely.

Drones are undoubtedly here to stay and they can make surveying buildings a lot easier, quicker and cheaper. However, it is important that the housing sector follows a few simple steps to avoid any potential fall-out from residents.

Samantha Grix, partner, Devonshires