Privacy and drones: Portuguese legislation on image capture

In this article

GDPR (General Data Protection Regulation) applies directly to image capture by drones — even for recreational use
Law No. 58/2019 (GDPR Implementation Law in Portugal), which revoked the old Law No. 67/98, complements the legal framework
Photographing/filming identifiable people without consent can constitute an offense or even a crime
CNPD (National Data Protection Commission) oversees data protection, and its guidance on video surveillance serves as a reference for camera drones
Commercial use of aerial images requires a Data Protection Impact Assessment (DPIA) in many scenarios

A drone filming a landscape almost always picks up houses, farms and people in the background. Often that’s not a problem, but the privacy and drones issue is more complex than it first appears.

This is probably the most neglected topic in the Portuguese drone world. Everyone talks about licenses, flight zones and insurance. But privacy? Almost nobody. And yet, this is where drone pilots most frequently get into legal trouble — often without even knowing they’re breaking the law.

The legal framework: GDPR, Law 58/2019 and CNPD

Let’s start with the basics. Processing of personal data in Portugal (and across the EU) is regulated by three main instruments:

1. Regulation (EU) 2016/679 — GDPR
The famous GDPR applies to any “processing of personal data,” which includes capturing images where people are identifiable. Yes, an aerial photograph where you can see someone’s face, a car license plate, or even the configuration of private property can constitute “personal data.”

2. Law No. 58/2019 — GDPR Implementation in Portugal
This law ensures the implementation of the GDPR in Portuguese law (an EU regulation applies directly, it is not transposed) and details aspects such as CNPD competencies and the sanctions regime. The household exception comes from the GDPR itself (we’ll get there).

3. CNPD Guidelines
The National Data Protection Commission has issued guidelines on video surveillance that apply, by analogy, to camera-equipped drones. CNPD is the “data police” in Portugal and has the power to impose fines.

The “household exception”: when GDPR does NOT apply

Good news for recreational pilots: the GDPR provides for the so-called “household exception” (Article 2(2)(c)). The regulation does not apply to processing of personal data “by a natural person in the course of a purely personal or household activity.”

In practice, if you’re filming a landscape for personal use and accidentally capture a person in the background, the GDPR formally doesn’t apply. But — and this “but” is huge — this exception has very tight limits:

It ceases to apply if you publish the images online (social media, YouTube, blog)
It ceases to apply if the images are used for any commercial purpose
It ceases to apply if capture is systematic (repeatedly filming the same area/people)
It doesn’t apply to others’ private property — deliberately filming the neighbor’s garden is never “household use”

In short, the household exception protects the casual recreational pilot who accidentally captures third parties and doesn’t share the images. For everything else, GDPR applies in full.

What you can and cannot film

You can film (no special issues):

Natural landscapes where no identifiable people are visible
Your own property (your house, land, etc.)
Public spaces as long as you don’t deliberately focus on specific people
Public events where there’s reduced expectation of privacy (with caveats — see below)
Real estate (exterior of properties for sale, with owner authorization)

Grey zone (be careful):

Beaches and pools — people in swimwear have heightened privacy expectations
Neighborhoods — accidentally filming neighboring properties can generate conflicts
Demonstrations/protests — right to protest vs. image capture is a sensitive topic
Children — the GDPR gives enhanced protection to minors’ data (although a photograph is not, in itself, sensitive data)

Prohibited (serious risk):

Deliberately filming windows/interiors of homes — privacy invasion, possibly criminal
Following/surveilling specific people — may constitute stalking (crime under Art. 154-A of the Penal Code)
Capturing intimate images — crime of invasion of private life (Art. 192 of the Penal Code)
Systematically filming others’ property — may constitute illegal video surveillance

Commercial use: additional obligations

If you use drones for work (real estate photography, event filming, inspections, precision agriculture), obligations are substantially greater:

Impact Assessment (DPIA): Article 35 of the GDPR requires a Data Protection Impact Assessment when processing is likely to involve “high risk” to data subjects. CNPD’s list of processing operations that require a DPIA does not mention drones, but the GDPR gives as an example the systematic monitoring of publicly accessible areas on a large scale (Article 35(3)(c)), which commercial aerial filming may involve.

Legal basis: for commercial use, the most common legal basis is “legitimate interest” (Art. 6(1)(f) GDPR) or consent. I strongly recommend defining and documenting your legal basis before starting commercial operations.

Information to data subjects: you must inform people they’re being filmed. In practice, this may mean placing visible notices in the operation zone (“Aerial filming in progress — for information: [contact]”). At event filmings, it’s a simple solution.

Right to image: the other side of the coin

Besides GDPR, Portugal has the right to image enshrined in Article 79 of the Civil Code. This article determines that a person’s portrait cannot be “displayed, reproduced or put into commerce without their consent.”

Exceptions provided by law:

Public figures in public acts (e.g., a politician at a rally)
Images of public places where people appear accidentally and aren’t the focus
Images justified by police or justice requirements

The safest approach is simple: if a person is identifiable in the image and is the focus (or one of the foci), get consent. If they appear accidentally in the background of an aerial landscape, risk is minimal — but blur them in post-production if possible.

Best practices for pilots

A few habits help you stay on the right side of the law:

Plan the flight to avoid private property: trace the route before takeoff, avoiding gardens, pools and windows
Warn the neighbors: before flying in a residential area, talk to the nearest neighbors. A 2-minute conversation prevents months of hassle
Blur faces and plates in post-production: before publishing any video, blur identifiable elements in an editor such as DaVinci Resolve
Avoid filming children: even in public contexts, don’t deliberately include minors in the footage
Keep the originals for a short time: as a precaution, keep the original files for a short period (for example, 30 days) in case someone complains
Have a privacy policy: for commercial work, a simple policy, available to anyone who asks for it

What to do if someone complains (or if you want to complain)

If someone claims you filmed their property or person:

Stay calm — accidentally filming someone in a public space isn’t a crime
Show the footage if comfortable — often the person calms down seeing they’re not identifiable
If asked to delete and the person is clearly identifiable without authorization, delete it. It’s simpler.
If it escalates, suggest they file a formal complaint with CNPD (cnpd.pt)

If you want to complain (because a drone filmed your property):

CNPD accepts complaints online at cnpd.pt
GNR/PSP can intervene if there’s evidence of crime (invasion of private life)
Document it: note date, time, drone description, flight direction

Conclusion

Privacy is the Achilles’ heel of many drone pilots — not from bad faith, but from ignorance. GDPR, Law 58/2019 and the Civil Code create a clear legal framework: you can film landscapes and public spaces, but must respect people’s and properties’ privacy.

My advice is pragmatic: be transparent, avoid overflying others’ property, blur faces when publishing, and if in doubt, ask first. The Portuguese drone community only stands to gain from responsible, informed operators.

Frequently Asked Questions

Can I publish drone videos on YouTube if people appear?

It depends. If people aren’t identifiable (they’re far away, blurred, or appear accidentally in a wide landscape), the risk is minimal. If identifiable and the focus of the video, you need consent. When in doubt, blur faces — YouTube has a native tool for this in Studio.

Can I film my own property with a drone?

Yes, without privacy restrictions (as long as you don’t inadvertently capture others’ property systematically). But you still need to comply with aeronautical rules — registration, correct subcategory, max altitude 120m, AAN (National Aeronautical Authority) authorization to capture images, etc.

What is a DPIA and when do I need one?

A DPIA (Data Protection Impact Assessment) is a formal assessment of an activity’s impact on privacy. It’s mandatory when data processing involves “high risk” — for example, systematic surveillance of public spaces by drone for commercial purposes. For casual recreational use, it’s not needed.

Can I film buildings and monuments?

Yes. Buildings and monuments visible from public space can be filmed freely (“freedom of panorama” doctrine). The exceptions are classified cultural heritage, which may require a specific authorization to capture images, and private property where there’s a privacy expectation (interior visible through windows). With a drone, aerial capture always needs the AAN authorization.

What are the fines for GDPR violations with drones?

GDPR fines can reach up to EUR 20 million or 4% of annual turnover (for companies). For individuals, Law No. 58/2019 provides for fines of EUR 500 to EUR 250,000 for serious offenses and EUR 1,000 to EUR 500,000 for very serious offenses. Beyond fines, there can be civil liability (compensation) and, in serious cases, criminal liability.

Miguel Santos

DroneFlyBlog

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