Yrkesmässig fotografering med drönare och skyddet för enskildas personliga integritet

Sammanfattning: Drones are unmanned aerial vehicles that are controlled from the ground. From having been used at first solely for military purposes, they have spread to civil businesses over the last few years, for example to help at property inspections. Through HFD 2016 ref. 71 I it was decided that cameras mounted on drones are considered as surveillance cameras and require permits according to the camera surveillance law. The purpose of the camera surveillance law is to provide for the need for camera surveillance and at the same time protect the personal integrity of individuals. This essay puts the interest for the personal integrity of individuals against the interest for professional drone pilots to fly drones in their business. The term “personal integrity” is not defined in Swedish law. In this essay, the theory of Strömholm is being used, which states that the personal integrity consists of the interest of individuals to have sole power to regulate the flow of personal information about themselves and to regulate the usage of that information. The law protects the personal integrity through a broad application, the requirement to obtain permit for surveillance cameras that allows the authorities to control the camera beforehand, and a need for the camera user to inform the individuals captured on camera that they are subject to surveillance. Furthermore, in order to be granted permit according to the principle of overbalance, the surveillance must be formed in a way that impedes on the integrity of individuals as little as possible. The opposite interest in the framework of this essay is the interest of professional drone pilots to carry out drone flight missions in their business. In the drone branch there exists a fear that the broad application of the camera surveillance law leading to cameras on drones being called “surveillance cameras”, can give the public negative associations which will damage the development of the profession. The compulsory permit is followed by fees and processing times, which complicates the missions and make them more expensive. The compulsory information that must be given to individuals has in practice been ensured by terms in the permits. Through the principle of overbalance, the possibility for professionals to take on commercial missions has become difficult, because the law only allows for surveillance if it is needed for a social interest. In conclusion, the camera surveillance law weighs the interests against each other with different importance in the different elements of the law to find a reasonable balance.