You are being audited.
This is what you need to know!
Please sign the petition: The National Trust should respect drone flyers, for disabled and wider public access.
This is not a contract; it's a best-effort statement of existing law in the UK that you must abide by whether you read this or not.
Filming is Lawful
- It is a reasonable and lawful activity to film anything visible from a publicly accessible place for the purposes of an audit, informational video, or evidence collection.
- Examples of usage might include improving online directories, crowd-sponsored education of security industry employees or access for disabled people.
- Anything seen from a publicly accessible space is accessible to the public.
- Auditors who are generally not incorporated are not bound by data protection laws and do not need to give their name or show you the recording, even if they make a profit.
- Most of the time, auditors are not required to give their name to any police that attend unless an officer has reasonable suspicion of an indictable offence.
- Many public services film buildings accessible from public spaces, such as private CCTV, Google Street View, news agencies, or aerial land surveys.
- If you genuinely believe filming might cause a national security issue (affecting the country's security, potentially requiring military response), inform the auditor and call 999.
Things to Note About Reasonable Suspicion
- You need genuine, evidence-based suspicion—grounded in facts that would convince a reasonable person—to perform detention, arrest, or search without consent. It is illegal to base suspicion on discriminatory factors like gender, race, disability, or orientation.
- No reason is required to perform an "audit" (essentially an informational video), but auditing itself is a lawful reason. Performing an audit alone is not reasonable grounds for suspicion of an offence.
- A "reasonable person" is legally defined as someone aware of relevant laws and common understandings.
- Anyone conducting a search, detention, or arrest without consent must be able clearly articulate the suspicion to a reasonable person and must express it in court proceedings.
- Failure to disclose suspicion when asked (without valid justification) may result in potentially unlimited compensation claims for wrongful detention, search, or arrest.
- Public videography often serves to educate the public about legal rights and should not be automatically assumed criminal.
Access to Private Land
- You may legally access private land connected to public roads and footpaths if there are no signs or locked gates.
- Requests to leave shared public spaces (e.g., access footpaths) require permission from all parties with access rights. Failure to confirm this permission risks legal action against you.
- Land open to the public is treated as a public space regarding filming and photography.
- Public rights of way are public spaces, and permission to fly drones is assumed if there are no signs.
- If a member of public is asked to leave a public right of way on private land, they have reasonable time to leave and can then repass the path or bridleway once they have left at any time.
Drones
- Drones weighing 249g or less may legally fly in residential, industrial, and commercial areas without flight restrictions (e.g., near prisons or airports). Source: Civil Aviation Authority
- The filming location is defined as where the drone takes off or lands. Source: Filmlondon.org.uk (aerial photography experts)
- Most CAA restrictions apply to drones weighing 250g or more.
- Auditors profiting from drone use will usually have insurance.
- Registered pilots display an Operator ID on the drone, which must be provided after accidents. No obligation exists to share this ID otherwise. CAA guidance for 249g drones
- Normal flight cannot cause trespass. Civil Aviation Act 1982, Part III, Section 76 (1).