ADVOKS GLOBAL · KENYA
The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020
41. Privacy of persons and property and nuisance
Edition: 2020-04-03 · In force
41. Privacy of persons and property and nuisance
(1)An Unmanned Aircraft System operator or owner shall not use a System equipped with an Imaging Device to conduct Surveillance on or take an Image of a person without that person's written consent.(2)An Unmanned Aircraft System operator or owner shall not use a System equipped with an Imaging Device to record an image of privately owned or leased real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person's reasonable expectation of privacy without his or her written consent.(3)For purposes of subregulation (2), a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property, licensed or leased property if that person is not observable by persons located at ground level in a place where they have a legal right to be.(4)Notwithstanding subregulation (1) and (2), an Unmanned Aircraft System equipped with an imaging device may with the approval of the Authority be used for the purpose of—(a)mapping and evaluating the earth's surface, including terrain and surface water bodies and other features;(b)investigation of forests and forest management;(d)investigation of vegetation or wildlife.(5)Without prejudice to subregulation (I), the owner or operator of a System equipped with an imaging device shall comply with any other law relating to protection of privacy or data.(6)An Unmanned Aircraft System operator or owner shall not operate the System in a manner that constitutes nuisance to the public, a person or to the property of another.