Unmanned Aerial Vehicles Usage Policy

Consideration is given to the protected characteristics of all people/groups identified in the Equality Act 2010.

The protected characteristics are:

• gender
• age
• race
• disability
• sexual orientation
• religion/belief
• pregnancy and maternity
• marriage/civil partnership

The council recognises the need for specific measures to ensure the health and safety of each of these groups. This policy and all other associated Health and Safety related policies take this into account.

There is no doubt that some of the usage of the Drone will be classified as surveillance. The issue will be whether the usage is covert or overt surveillance and the necessary authorities would need to be in place for such activity.

Any surveillance by a public authority is governed by strict legislation; this is in the form of the Regulation of Investigatory Powers Act 2000 known as RIPA which ensures compliance with the ECHR 2000. Local Authorities are further governed by new legislation with the Protection of Freedoms Act 2012.

All Surveillance is further over seen by the Office of the Surveillance Commissioner (OSC) who publishes a guidance document which should be followed by Local Authorities (LA) who conduct surveillance operations. They make inspections of records kept by LA’s every 3 years.

RIPA describes surveillance as being any surveillance which is carried out in a manner calculated to ensure that the persons subject to that surveillance are unaware that it is or may be taking place, as in Section 26 (9)(A) of the RIPA 2000.

There is no doubt that the usage will be overt, and not covert. Drone operators will be wearing high visibility jackets and will carry identity badges to show that they are from Buckinghamshire Council.

This can be further enhanced by advising all applicants for planning permission that we operate Drones and that we use them for the purposes of viewing developments, sites and for monitoring and investigation of possible or alleged breaches of planning control and/or regulations.

Collateral intrusion or third party information that is obtained but is not necessary has to be immediately disregarded and removed from the investigation. Private information is very strictly controlled and is known as collateral intrusion or third party information. Any such information that is obtained during the surveillance could be construed as being intrusive. Legislation strictly forbids any Local Authority from conducting intrusive surveillance.

Any such breaches would have to be reported to the Office of Surveillance Commissioner and the authority that had been granted would have to be reviewed and reconsidered.