Drones in the city: should we ban drone hobbyists?

A young boy flying a drone

By Steven McGinty

Drones are becoming an increasingly observable feature of modern cities, from tech enthusiasts flying drones in local parks to engineers using them to monitor air pollution. And there have also been some high profile commercial trials such as Amazon Prime Air, an ambitious 30-minute delivery service.

However, introducing drones into the public realm has been something of a bumpy ride. Although the Civil Aviation Authority (CAA) produces guidance to ensure drones are flown safely and legally, there has been a number of hazardous incidents.

For example, in April, the first near-miss involving a passenger jet and more than one drone was recorded. The incident at Gatwick Airport saw two drones flying within 500m of an Airbus A320, with one pilot reporting a “significant risk of collision” had they been on a different approach path. In addition – and just 30 minutes later – one of these drones flew within 50m of another passenger jet, a Boeing 777.

Videos have also been uploaded to websites such as YouTube, which have clearly been taken from drones – a clear breach of the CAA’s rules prohibiting the flying of drones over or within 150m of built-up areas. This includes events such as the Cambridge Folk Festival, a match at Liverpool FC’s Anfield Stadium, and Nottingham’s Goose Fair. Jordan Brooks, who works for Upper Cut Productions – a company which specialises in using drones for aerial photography and filming – explains that:

They look like toys. For anyone buying one you feel like you’re flying a toy ‘copter when actually you’ve got a hazardous helicopter that can come down and injure somebody.

Privacy concerns have also started to emerge. Sally Annereau, data protection analyst at law firm Taylor Wessing, highlights a recent European case which held that a suspect’s rights had been infringed by a homeowner’s CCTV recording him whilst he was in a public place. Although not specifically about drones, Sally Annereau suggests this decision will have far reaching consequences, with potential implications for drone users recording in public and sharing their footage on social media sites. The Information Commissioner’s Office (ICO) has already issued guidance for drones.

The CAA report that there were more than 3,456 incidents involving drones in 2016. This is a significant increase on the 1,237 incidents in 2015.

The response

Cities have often taken contradictory approaches to drones. Bristol City Council has banned their use in the majority of its parks and open spaces. Similarly, several London boroughs have introduced ‘no drone zones’, although the London Borough of Richmond upon Thames has a relatively open policy, only banning drones over Richmond Park. Further, Lambeth Council requires hobbyists to complete an application form “to ensure suitability”, a standard similar to commercial drone pilots.

There have also been several accusations of double standards as large commercial operators such as Amazon receive exemptions to CAA rules, in front of photographers recording events, hospitals delivering blood, and researchers collecting data.

Although cities have a responsibility to protect the public, they also have to ensure citizens are able to exercise their rights. The air is a common space, and as such cities must ensure that hobbyists – as well as multinational firms – can enjoy the airspace. Thus, it might be interesting to see cities take a more positive approach and designate ‘drone zones’, where hobbyists can get together and fly their drones away from potential hazards.


The Knowledge Exchange provides information services to local authorities, public agencies, research consultancies and commercial organisations across the UK. Follow us on Twitter to see what developments in policy and practice are interesting our research team. 

General Data Protection Regulation (GDPR): 10 things business needs to know

 

European Union flag with a padlock in the centre.

By Steven McGinty

On 25 May 2018, the data protection landscape will experience its biggest change in over 20 years.  This is because the European Union’s (EU) General Data Protection Regulation (GDPR) will come into effect for all member states. The regulation, which has been described as ‘ambitious’ and ‘wide-ranging’, introduces a number of new concepts, including the high profile ‘right to be forgotten’ – a principle established in a case involving technology giant Google.

Below we’ve highlighted ten of the most important points for business.

Directly effective

The GDPR is ‘directly effective’, which means that the regulation becomes law without the need for additional domestic legislation (replacing the Data Protection Act 1998). However, member states have also been given scope to introduce their own legislation on matters such as the processing of personal data. This may result in some EU states having more stringent rules than others.

Sharing data and monitoring

It also seeks to increase the reach of EU data protection law. Not only will EU-based data controllers and processors fall under the scope of the GDPR, but its authority will also extend to any business which either processes personal data or monitors the behaviour of individuals within the EU.

This will impact businesses who transfer data outside the European Economic Area (EEA). It will be their responsibility to ensure that the country the data is being transferred to has adequate levels of data protection. The most prominent example of this issue was the US Safe Harbour scheme, which was intended to protect European individuals whose personal data is transferred between the EEA and the USA. In 2015, the European Court of Justice ruled that this scheme had ceased to provide a valid legal basis for EEA-US transfers of all types of personal data. It has now been replaced by the Privacy Shield.

Transparency and consent

Greater obligations have been placed on business with regard both to seeking consent for use of personal data and providing detailed information to individuals on how their personal data is being used. The GDPR requires that consent notices are ‘unambiguous’ – not assumed from a person’s failure to respond – and that consent is sought for different processing activities. Law firm, Allen and Overy recommends that businesses review their notices to ensure they are fit for purpose.

Personal data/ sensitive data

Article 4(1) of the GDPR includes a broader definition of ‘personal data’ than previous legislation. It states that any information relating to an individual which can be directly or indirectly used to identify them is personal data. Specifically, it refers to ‘online identifiers’, which suggests that IP addresses and cookies may be considered personal data if they can be easily linked back to the person.

Enhanced rights

New rights and the enhancement of existing rights will require some businesses to improve the way their data is stored and managed. These rights include:

  • Data portability – Business must ensure that individuals can have easy access to their personal data in case they want to transfer their data to other systems.
  • Strengthening subject access rights – Individuals can now request access to their data for no cost and it must be responded to within 30 days (this is a change from the current legislation which requires a £10 fee and there is 40 days to respond).
  • Right to be forgotten – Individuals can request that an organisation delete all the information they hold on them (although this would not apply if there was a valid reason to hold that data).
  • Right to object to processing – Individuals have the right to object to the way an organisation is processing their data.
  • Right to restrict processing – Individuals have the right to request that the processing of personal data is temporarily stopped. This may be invoked whilst a right to object request is being investigated.

Personal data breach

Businesses have an obligation to report breaches to their national regulator, such as the Information Commissioners Office (ICO) in England.  The GDPR requires that notice must be provided “without undue delay and, where feasible, not later than 72 hours after having become aware of it.” This may be challenging for some businesses, particularly if the incident is discovered at the end of the working week.

Failure to comply with GDPR

The regulation introduces two levels of fines. Less serious offences under the regulation will be liable for a fine of up to €10,000,000 or 2% of global turnover – depending on which is highest. However, for more serious breaches, such as a breach of an individual’s rights or a breach during international transfers, a business may be held liable for up to €20,000,000 or 4% of global turnover.

In addition, individuals are also given the right of redress, and those who have had their rights violated may seek to receive compensation. This has led digital marketers to suggest that GDPR could be the next PPI – a practice where insurance was mis-sold to customers, which resulted in a large number of successful claims against financial institutions.

Privacy by design

Technology businesses should also consider data protection at the initial design stage of product development. This could involve adopting technical measures such as pseudonymisation – the technique of processing personal data in such a way that it can no longer identify a particular person. Additional measures, such as policies and programmes, would also show a national regulator’s commitment to compliance with the GDPR.

European Data Protection Board (EDPB)

A new body has been created to issue opinions and to arbitrate between disputes that arise with national regulators.  The board will be made up of heads of national regulatory bodies (or their representatives) and the European Data Protection Supervisor (EDPS), who govern the data processing activities of EU institutions. The opinions expressed by this board may have important implications for data protection legislation.

Impact of Brexit

Evidence suggests some businesses may be delaying taking action until they see the results of the Brexit negotiations. This possibly explains the research by cloud security firm, Netskope, which found that 63% of UK workers have never heard of the GDPR. Similarly, research by Veritas Technologies, a leading information management firm, has found that 54% of organisations have not ensured they will comply with the new GDPR.

However, it would be very surprising if the UK did not ‘mirror’ the protections offered by the regulation, particularly considering the UK’s significant input to the new legislation. Digital minister Matt Hancock has also confirmed that the UK government intends to fully implement the GDPR.

Final thoughts

If businesses already have policy and procedures in place to meet the requirements of the Data Protection Act, then they should have a solid foundation to comply with the GDPR. In many ways, the new regulation simply provides a clear framework for delivering good practice in data protection.

However, all businesses will need to take action to ensure compliance with the GDPR. Otherwise, the financial penalties (as well as reputational damage) of a breach could have serious consequences for their business. And this is not just an IT issue. The whole organisation, starting from board level, must show a willingness to understand the legislation and implement procedures that protect the fundamental rights of individuals.


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Counting the cost of data protection failures in local government

A laptop keyboard with a padlock on it.

By Steven McGinty

In August, Hampshire County Council were fined £100,000 by the Information Commissioner’s Office (ICO) after social care files and 45 bags of confidential waste were found in a building, previously occupied by the council’s adults’ and children’s services team.

Steve Eckersley, the ICO’s head of enforcement, explained that this data protection breach affected over 100 people, with much of the information “highly sensitive” and about adults and children in vulnerable circumstances.  In his view:

“The council’s failure to look after this information was irresponsible. It not only broke the law, but put vulnerable people at risk.”

A widespread problem

In 2015, Big Brother Watch, an organisation which encourages more control over personal data, published a report highlighting that local authorities commit four data breaches every day. It found that between April 2011 and April 2014 there were at least 4,236 data breaches. This included, at least:

  • 401 instances of data loss or theft
  • 159 examples of data being shared with a third party
  • 99 cases of unauthorised people accessing or disclosing data
  • 658 instances of children’s personal data being breached

In the past year, local authorities have reported a 14% increase from the previous year in security breaches to the ICO. The figures show that 64% of all reported breaches involved accidentally disclosing data. This supports research which suggests that human error is a major cause of data protection breaches.

These statistics are both positive and negative for the ICO. Peter Woollacott, CEO of Huntsman Security, suggests that it could show that local government is becoming better at identifying security breaches. However, he also acknowledges that most organisations are subject to multiple attacks, with only some being detected.

Areas for improvement

In 2014, the ICO conducted nine advisory visits and four audits of social housing organisations. It found that improvements could be made in ten areas, including:

  • Data sharing – organisations regularly share personal data but few have formal policies and procedures to govern this sharing.
  • Data retention – few organisations have data retention schedules for personal data, which provide details on when records should be disposed of, although most only extend to physical records. Data protection legislation sets out that data must not be stored for ‘longer than necessary’.
  • Monitoring – there is little evidence that organisations monitor their compliance with data protection policies.
  • Homeworking – where organisations allow staff to work flexibly, it often wasn’t formalised.
  • Training – there are varying levels of data protection training found in organisations.

Public confidence

Unsurprisingly, high-profile data breaches, such as the loss of 25,000,000 child benefit claimants’ details in the post by HM Revenue and Customs (HMRC), have left the public concerned about their data.

In October, a YouGov poll showed that 57% of people believed that government departments could not share personal data securely. And 78% of people didn’t believe or didn’t know whether the government had the resources and technology to stop cyber-attacks.

A poll by Ipsos Mori has also shown that 60% of the public are more concerned about online privacy than a year ago. The three main reasons given were: private companies sharing data; private companies tracking data; and the reporting of government surveillance programmes.

The cost of data protection failures   

The implications of failing to protect the public’s data are serious. Not only could local government be heavily fined by the ICO, but it could also have an emotional or economic impact on individuals if their data enters the wrong hands and is used maliciously (e.g. to commit an act of fraud).  However, there are wider issues for government.

At the moment, both local and central government are undergoing digital transformation programmes, digitising their own operations and moving public services online. Examples include social workers using electronic social care records and the public paying council tax or booking appointments through their local council’s website.

If the public buy into ‘digital by default’ (the policy of ensuring online is the most convenient way of interacting with government), then services could be delivered a lot more efficiently, resulting in significant savings. However, if the public are concerned over the security of their personal data, they may be less willing to consent to its use by government.

We’ve already seen this in some areas. In 2014, the Scottish Government announced plans to expand an NHS register to cover all residents and share access with more than 100 public bodies, including HMRC. This year, the Scottish Government attempted to bring into effect the ‘Named Person Scheme’, where every child in Scotland would be assigned a state guardian, such as a teacher or health visitor.

With both of these schemes concerns have been raised over privacy, including from the ICO in Scotland. The Supreme Court has also ruled against the Named Person Scheme, over the data sharing proposals.

Final thoughts

Local government needs to be robust in ensuring compliance with data protection legislation. The financial costs could be great for local government, but the bigger concern should be public trust. If councils fail to meet their legal obligations, they may find it challenging to implement policies that use public data, even if it brings the public benefits.


Follow us on Twitter to see what developments in public and social policy are interesting our research team. If you found this article interesting, you may also like to read our other data related articles. 

Idox: enabling transformation, collaboration and improvement

Idox_logo 800 x 800 jpeg

If you follow this blog regularly then you’ll know that we write on all areas of public and social policy. What you might not realise though is that our Knowledge Exchange team is just one part of a much wider business – Idox – providing specialist information and data solutions and services.

I’ve been working with Idox for about four years, but I’m still topping-up my knowledge about the organisation. Last week, at the company’s end-of-year get-together, my brain was like an overworked sponge as it tried to absorb a multitude of facts, figures and achievements during two days of workshops and presentations (to say nothing of the informal chats in between the working sessions).

From this wealth of information, I’ve compiled a selection that I think conveys a flavour of the depth and diversity of Idox today.

Ten things you might not know about Idox…

  1. The Reading Room, which is the newest addition to the Idox family of companies, has developed digital solutions for a wide range of customers, including Porsche and Clarence House, and this year developed a virtual reality test drive app for Skoda.
  2. Idox’s recently-launched iApply service enables planning applications and building control consent to be applied for via a single source, streamlining the application process.
  3. The Idox GRANTFinder policy and grants database contains details of over 8000 funding opportunities.
  4. Real-time information delivered by Idox’s Cloud Amber keeps the travelling public up-to-date about transport services and helps manage traffic congestion.
  5. The Idox group currently employs almost 600 people in over 10 countries, including the UK, the Netherlands, Germany, the United States, India and Australia.
  6. The Idox Elections service not only ensured the smooth management of postal voting for the 2015 UK general election, but has also supported delivery of local authority and community council elections in the UK, as well as this year’s local elections in Norway.
  7. Idox has a strong presence in the compliance sector, raising awareness among managers and employees of the importance of complying with regulations, from corruption prevention and data privacy to occupational safety and cybersecurity.
  8. Idox Engineering Information Management, provides critical engineering document management and control applications to the oil and gas, mining, pharmaceutical and transport industries in 50 countries.
  9. CAFM Explorer, Idox’s computer aided facilities management software, supports building maintenance and property management for organisations in 45 countries, and recently partnered with the Hippodrome to help maintain one of London’s most popular attractions.
  10. From food safety monitoring to licensing taxis, Idox’s regulatory services help local authorities enforce the rules that keep us safe.

One more thing…

Finally, the meeting reminded me of one thing I already knew, and it’s to do with the part of Idox where I work – the Knowledge Exchange.

Over breakfast on the second morning, a colleague from McLaren talked about the difficulties in finding the right information on the web. Search engines only go so far, he said, providing too little or too much. This is where skilled intermediaries, such as Idox’s team of Research Officers, can make a difference, identifying, sorting and presenting information that people can use to make decisions, support arguments and advance their businesses.

The Idox event was an enjoyable, if exhausting, couple of days, and it demonstrated the many ways in which the company is supporting public, private and third sector work.

Clearly, there’s much more to learn about Idox.


Our popular Ask-a-Researcher enquiry service is one aspect of the Idox Information Service, which we provide to members in organisations across the UK to keep them informed on the latest research and evidence on public and social policy issues. To find out more on how to become a member, get in touch.

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