Will Unauthorized Use of Drones be Fined?

Some information portals from Moldova reported at the beginning of this week about a proposal to amend the legislation on sanctions for unauthorized use of hidden photo and video recording devices, hidden cameras, drones and IT solutions that store information about people. The amendments are part of a draft law proposed by the National Center for Personal Data Protection (NCPDP).

According to the Center's project, the processing of personal data by means of video surveillance and/or the use of video devices without notification, authorization and/or registration at NCPDP, when notification, authorization and registration is mandatory, shall be sanctioned with a fine of MDL 3,000-4,500 applied to individuals, a fine of MDL 4,500-9,000 applied to responsible officials, and a fine of MDL 6,000-25,000 applied to legal entities.

Asked to confirm this information, Sergiu Bozianu, deputy head of the NCPDP's Records and Control Department, explained to Media-azi.md that the draft amendments to legislative acts proposed by the Center do not provide for sanctions for unauthorized use of drones and that, in fact, the above-mentioned provisions refer to fixed cameras installed illegally in adjacent areas."We mostly refer to video surveillance of private property in adjacent spaces by neighbors and homeowners. We have many cases when a person installs a camera and films a neighbor or installs a video camera in another person’s apartment building. This is a violation of privacy," Bozianu explained.

The Center also suggested that such violations should be examined by the police. Bozianu specified that because of a great amount of work and lack of staff, the Center proposed that the law enforcement bodies should carry out some of the tasks related to detection of violations and application of sanctions.

He said that the provisions mentioned do not refer to the activity of journalists, because the exceptions referring to the activity of the media have been included into a separate article. "Journalists don’t have to register cameras at the Center so they can film. It's an arbitrary interpretation. This rule only applies to fixed or static video surveillance," Bozianu said.

However, Sergiu Bozianu said a new law will soon be drafted, which will specifically regulate video surveillance. "It is possible that in that law we will cover certain circumstances concerning the activity of journalists, but not in terms of registration – definitely not – but in connection with the law on freedom of expression and the law on video surveillance, so that they are not interpreted unilaterally. They will be compatible,” Bozianu assures.

In this respect, the NCPDP representative says that the draft law on video surveillance is intended to establish certain rules regarding the use of drones, hidden video devices, recordings for police purposes, and the import and use of hidden recording devices. “We do not limit ourselves to video surveillance. Such means of tapping or recording of hidden information should be prohibited for import, marketing, possession and use, under the conditions laid down by law. Competent institutions, law enforcement bodies have the right to use them properly, under authorization from courts, if it is related to a criminal case or a criminal act, in journalistic practice and in other cases,” Bozianu said.

He said that the draft law will also be subject to public consultations.

Previously, MPs proposed to regulate the use of drones, so their use could be limited to especially reserved areas. The provision was included into the new Air Code, voted by the Parliament in the first reading.