Press Release: Swedish Government regulates the use of a camera on a drone; but not for cameras on a car or bike… [2016-10-21]
The Supreme Administrative Court in Sweden has, in two judgments, found that a camera mounted on a drone requires a permit under camera surveillance law, while a camera mounted behind the windscreen of a car or on a bicycle handlebar does not need permission.
Camera regulations need to provide that a camera which is permanently mounted to a structure, so that it can be used for personal monitoring, is allowed.
If such a camera can be remotely directed at a place to which the public has access, it must be the provincial government to give its consent.
A camera on the drone may be used to take photos of buildings and environments from the air . The camera in the car, and the bicycle will be used to take images during travel, possibly interacting with social media, but from a ground view perspective..
The cameras will not only momentarily, but recurringly, be placed in a car, on a bike or a drone. The Court therefore found that they are set to be regulated in the legal sense.
The camera in the car and the bike will likely be attached to the inside of the windshield or on the bike mount. It is therefore senior in the driver’s immediate vicinity and can be operated by him on the spot. It is therefore not a surveillance camera.
However, when it comes to the camera on the drone, the photographs are taken from the air, but managed from the ground. The Court held that in this scenario, it can not be controlled locally.
The Court further found that the camera drone could be used for personal monitoring, although it may not be the intended purpose. The camera is therefore to be regarded as a surveillance camera. Since the camera is additionally directed to a place to which the public has access, there need to be permits.
The goal of the prevailing case for the camera drone regulation was sent back to the Administrative Court for consideration on whether the issue would warrant that permits be granted. This second objective was completely approved, and the legislation was completed.
Translated & Adapted from the Source: http://www.hogstaforvaltningsdomstolen.se/Om-Hogsta-forvaltningsdomstolen/Nyheter-fran-Hogsta-forvaltningsdomstolen/Tillstand-kravs-for-kamera-pa-en-dronare-men-inte-for-kamera-i-en-bil/