Fotoförbudet for the use of drones shows that the technology, once again, have rushed past legislation, writes Helena Nilsson and Marcus Svensson at Setterwalls law Firm.
According to a noted judgment of the Supreme administrative court (HFD, to use a kamerautrustad drones first seek the permission of the provincial government.
The central question in the case is if a camera on a drone to be considered as a security camera mounted on a wall and thus is subject to licensing or a camera mounted on the dashboard of a car, and therefore not subject to licensing, according to another judgment of the HFD .
The crucial difference between the two cases consists in the HFD's assessment of whether the camera is operated at a location where it is set up.
such Is the case, for example, the case for filming with a mobile phone or other handheld camera, do not apply to the permit.
In the case of the camera on the drone came HFD to the opposite conclusion, namely that the camera can be used without having to be operated on the site, with reference to the fact that filming takes place from the air while the maneuvering is done from the ground.