Page 49 - Q&A 2019/2020

Important restrictions to take note of and which are applicable to the operation
of private drones which are mainly used as “toys” (i.e. for personal and private
use) are that the RPAS in question may not be operated above 120 meters,
within a 10km radius of any aerodrome, within 50m of any person, property or
public road, or within any controlled, restricted or prohibited airspace. Further
restrictions apply as set out in the Regulations, but if these are adhered to then
such private RPAS operators are generally not required to hold a RPAS license.

However, one of the main concerns when it comes to drone law is the potential
Commercial with video or photo cameras. These drones are then able to take, record or
negative effect that it may have on privacy, since drones are often equipped
stream video or photographic data anonymously and potentially gather
personal information. SACAA will have to take into account privacy concerns,
legislation and regulations when further developing drone law as drones have
the potential to infringe the right to privacy. For example, the Protection of
Personal Information Act (“POPIA”) has been signed into law and may influence
the regulation of new technologies such as drones from a protection of privacy
perspective as drones are able to collect and process personal information
regardless of whether the intent is for commercial or personal purposes.

Although drone law will aim to regulate a complex range of potential safety
concerns and privacy risks relating to drone use, currently the use of private
drones for personal and private use where there is no commercial outcome,
interest or benefit, is allowed in instances where the operator observes all
statutory requirements relating to liability, privacy and other laws enforceable by
South African authorities.

It may however be that your use of a drone for photography purposes may fall
within the ambit of use for commercial intent and may require you to comply
with the Regulations. If you are unsure, it would be advisable to consult your
attorney for advice specific to your intended use and the current requirements
of the Regulations.

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