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LEGAL OPINION

Are you a drone spy? –

legal implications of the private

operation of drones and the

right to privacy

By Karabo Mokonyane, candidate attorney, and Moray Hathorn, consultant at Webber Wentzel

Certain legal restrictions apply to drones, which are increasingly being deployed by hobbyists and
commercial operators, and the penalties for infringing privacy are severe.

his is the era of drone
technology. Drones have become
Ta useful tool for tracking and
surveying, particularly for the emergency
response, animal protection, security
and journalism industries. They are
also becoming popular with private
users to make videos or even survey an
area. However, if private users do not
use them within the bounds of the law,
they could face serious prosecution.
For example, an individual who sends
a drone over another person’s house is
disregarding the privacy rights of that Karabo Mokonyane Moray Hathorn
person.
Drone laws and regulations in Aviation Act, 2009. Part 101 of those amendments, entitled ‘Remotely Piloted Aircraft
South Africa are closely modelled on Systems’, came into operation on 1 July 2015. This regulates the use of drones, which
existing aviation law, which distinguishes may be flown legally in South Africa, but certain regulations must be strictly followed, or
between commercial, corporate, individuals may face prosecution.
non-profit, and private operations The SACAA defines private operation as “the use of an RPA for an individual’s
of remotely piloted aircraft systems personal and private purposes where there is no commercial outcome, interest or
(RPAS). The South African Civil Aviation gain”. It says the RPAS may only be used for personal and private purposes if there
Authority (SACAA) is the agency is no commercial outcome, interest, or gain. The pilot must observe all statutory
responsible for drone safety and it requirements relating to liability, privacy, and any other laws enforceable by any other
regulates the legal and regulatory authorities. For all other uses (i.e., commercial, corporate, and non-profit operations),
framework for the use of drones in RPAS must be registered and may only be operated in terms of Part 101 of the Civil
South Africa. According to the SACAA, Aviation Regulations. Although private drone operators do not have to register their
an RPAS is “an unmanned aircraft drones to operate them, they do have to observe all statutory requirements relating to
which is piloted from a remote pilot liability, privacy and any other laws enforceable by any other authorities.
station, excluding model aircraft and toy In terms of Regulation 101.05.13 and 101.05.14 of the Civil Aviation Regulations Part
aircraft”. This definition includes drones. 101, no RPAS shall be operated within a lateral distance of 50 meters of any people,
A 2011 amendment was enacted to structure or building unless the operator holds a remote operator certificate (ROC)
the Civil Aviation Regulations of the Civil and the operation has been approved by the director in their operations manual or the

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