OUDTSHOORN NEWS - The use of drones has brought intelligent solutions to many industries and has helped save lives, but similar to other high-tech advancements, in the hands of someone with bad intent they can pose a real threat to privacy and security.
A resident recently aired her concern over a drone being flown in the area where she lives and even sometimes hovering near her home.
"I suspect it is from a nearby property at the back of my house as I am able to see when it descends for landing. I have driven to that street but was not able to pinpoint precisely at which property it lands. This is a violation of one's privacy and the potential security risk that it poses is always at the back of my mind. It makes me feel extremely uncomfortable, but I do not know who to turn to for help," she said.
According to Dave Rodger, a licenced drone operator, it is illegal to fly a drone over public or private property, unless it is with explicit consent.
But this does not deter some operators from flying drones over suburbs. According to Sam Twala of NTSU Aviation, a drone retailer and operator training company, such incidents can be reported to the police in instances where an operator is registered with the South African Civil Aviation Authority (Sacaa).
Where it is a complaint against a non-approved operator, such as where the drone is flown for private use only, the metro police should be able to assist in terms of municipal by-laws.
The Commercial Unmanned Aircraft Association of Southern Africa (Cuaasa) says if a case is to be laid with the police, the complainant should collect evidence against the illegal operator.
A criminal case can then be registered with the police and thereafter reported to Sacaa with the police case number. An affidavit as a witness must be done, but Cuaasa says the complainant must insist on remaining anonymous. One should make use of Cuaasa's enforcement guide that provides the steps to be taken for laying a charge with the police.* The complainant should also provide this enforcement guide to the police.
'If drone operator is unidentifiable, cover-up or go indoors'
Writing about drones, the law firm Cliffe Dekker Hofmeyr in Cape Town says that, in accordance with the South African common law, the owner of immovable property is essentially the owner of the 'ground beneath and air above' such a property. Therefore, a drone entering a property owner's air space "would appear, in theory, to be actionable".
What if you have no idea who the operator of the drone is, such as the complainant above? According to the law firm, you have very limited legal remedies, if at all.
To address this predicament, the firm suggests that the regulations be amended to force every drone operator to display a unique identification number on the underside of a drone which must be visible from the ground. "This will promote further accountability and will provide any aggrieved person with a mechanism to trace the offending owner. Until this happens, the moment the familiar buzz of a drone is heard one should either cover up or go indoors."
Comment is being awaited from Sacaa.
What drone operators may/may not do
The regulations pertaining to non-commercial or unregistered drones prescribe that an operator may not fly a drone 50m (laterally) or closer from any person or group of persons (such as at sports fields, road races, schools, social events, etc), or any property without permission from the property owner.
Also, a drone may not fly higher than 45m off the ground. It may also not fly within 10km of an airport or in prohibited or restricted airspace, or weigh more than 7kg, unless approved by Sacaa. Drones must always remain within the visual line of sight of the operator.
For commercial use, a drone must be registered and may only be operated in terms of Part 101 of the South African Civil Aviation Regulations. According to the regulations, legal liability for breaking laws such as privacy by-laws and other laws are enforceable by other authorities.
* View Cuaasa's enforcement guide and form to be completed when laying a complaint with the police and Sacaa at www.oudtshoorncourant.com.
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