Legal basis for creating video recordings

If the drone is used to take photos and videos of people, the Data Protection Act applies. The purpose of this law is to protect the personal and fundamental rights of individuals. In general, you are not allowed to photograph or film any person without permission, as long as they are clearly identifiable in the recordings. The following general data protection principles apply:

Justification

Aerial photography with a drone can only be taken when justified. Pursuant to Art. 13 DSG (Federal Data Protection Act) It is difficult to tell when there is a private interest. However, video recording for personal use is not sufficient justification, so you should always obtain the consent of the people recorded just in case.

The principle of transparency

If the drone is used for video recording, for example for surveys or video surveillance, the persons potentially involved must be informed of the video recording. This can be done with a sign or a visible camera. In some cases, it is necessary to direct people's attention to the use of drones.

The principle of proportionality

As long as the photos and videos are intended, only the themes necessary for the purpose can be recorded. For example, if you have permission to record a wedding party, only that party may be included. Other people cannot be seen in the photos without their consent.

The principle of destiny

Photographs and videos may only be used for their original purpose. Photos or videos may be published only if the persons visible in the recordings have given their consent for publication or if all persons have been anonymised.