Tuesday, December 6, 2016

Drones against urban planning fraud?

It seems that our policies are bored when there is not a primary to get under their teeth. Then they turn to the drones. Caricature? A little. Jean-Louis Masson, senator of the Moselle, asked the following written question in the Senate (No. 24146): "Mr. Jean Louis Masson asks the Minister of the Interior if a commune can use a drone to proceed Checks on private property, in particular, to identify possible infringements of urban planning rules or failure to declare the creation of swimming pools in order to calculate the local tax base ". That was on December 1, 2016.

Can it, the commune?

The answer is very complex, it would require the work of a lawyer to address all the regulatory issues that this practice raises. A municipality is subject to the texts of 1 January 2016. It is also possible to exempt civilian drones from safety rules such as theft over persons without a security perimeter may be justified in the case of a rescue mission or maintenance of order , It is hardly defensible in the case of a verification flight. The Prefect may distribute derogations, but they relate only to "relief, rescue and civil protection missions". Only military aircraft and aircraft of the State, chartered or leased by it and used in the context of relief, rescue, customs, police or civil security missions may evolve in derogation from the provisions of this Order When the circumstances of the mission and the requirements of public order and security justify it ". It is not about rescue, rescue, customs, or civil security. Remains a police action. Now the mayor is a judicial police officer!

It is likely that

Apple Campus 2 under construction
Apple Campus 2 under construction
Where complications arise, mayors are obliged to have a violation of urban planning rules brought to their attention by drawing up a report to be transmitted to the Public Prosecutor. The breach exposes them to savage sanctions. Are we going to see drones monitoring the progress of work by private individuals to check if they are in compliance with the permits that have been issued? Perhaps. And privacy in this? The respect of privacy is obviously concerned by a video surveillance type, which involves a photo or video capture and storage for study. It is the CNIL that will be competent to issue an opinion, relying mainly on the law of data processing and freedoms of 6 January 1978 as amended by the law of 6 August 2004, A supervision of individuals practiced (or not) in the course of a police mission. It is complicated ? Wait patiently for the response of the Ministry of the Interior ...

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