It has emerged that the operator of a drone used to film Fianna Fáil presidential candidate Jim Gavin taking part in a park run last week did not have permission to fly in the restricted airspace around the location.
Mr Gavin, who is the Chief Operations Officer for the Irish Aviation Authority, has said he would have personally checked if the operator had been given permission to fly there had he spotted the drone overhead.
Mr Gavin also said mistakes in aviation were not about apportioning blame, but rather reporting and learning from them.
So what exactly are the rules and regulations when it comes to flying drones in Ireland, and how easy is it to determine when they are breached?
According to the Irish Aviation Authority, anyone with a drone weighing more than 250 grams, or one that has a camera, must apply to register as a drone operator.
This can be done through an online portal, which has instructional videos and questions that must be answered by applicants.
On completion of this 15-minute training programme, operators can then register.
Extra permissions are needed for some operators, who must complete additional training, to achieve a Remote Pilot Competency Certificate. This is provided by a number of approved third-party companies.
Those who pass the subsequent theory and practical tests can then register for approval to fly specific drones.
The IAA says all operators should register before they operate the technology for the first time.
They are also required to apply their identification to the drones they use.
They must be over the age of 16 and those registered in other EU countries do not need separate permissions to fly in the State.
In general terms, the operation of the devices is separated into three airspace categories - open, specific and certified.
In open airspace, a drone of less than 25kg can be flown without prior permission. However, it must be no more than 120 metres above ground or sea level, not be out of the operator's line of sight and not be flown around exempted zones.
The Aviation Authority advises that users check possible geographical restrictions that may be in force before navigation begins.
This aspect is central to the issue around the use of a drone at an event filmed to promote the candidacy of Jim Gavin last weekend, first reported by the Irish Independent.
The rules governing Unmanned Aircraft Systems (UAS) identify several 'control zones' in which flights must be limited to certain heights, or are not permitted at all.
These zones are graded red, amber and green to identify the level of restrictions that operate in each airspace.
They are typically around airports and aviation facilities, but can also cover sensitive habitats, while certain areas will be subject to temporary drone bans, from time to time, to allow for security or privacy reasons.
In each zone, applications to fly drones must first be approved by the authority overseeing the area in question.
Porterstown Park in west Dublin is located in the U97 UAS geographical zone and is designated red in the grading system.
According to an IAA Aeronautical Notice, issued in September 2024, there is a permanent prohibition on the flying of drones here, without advance permission being granted.
The Data Protection Commission provides further "guidance on the use of drones", given that they are "highly likely to capture the personal data of passers-by".
All UAS operators are obliged to comply with the guidelines, unless their activities with the drone can be purely considered to be household or personal activity.
The DPC says that as it is difficult to obtain consent from people who might be filmed by a drone, the data controller (drone operator) must have "minimal impact on their privacy" and be able to demonstrate that any recording is necessary and genuinely in their interests.
There are nuances in the guidelines.
For instance, the commission cites the example of someone with a photography hobby who is trying out their new drone in a public park.
While they may record people, and the activity does not qualify as "household activity, it does not amount to surveillance activity either" and so if it is not published to an unrestricted audience, "there is nothing prohibiting people from taking photos in a public place".
Essentially, it might be generally fine to take a photo, but what you do with it can raise data protection issues.
The guidelines also refer to the recordings in public places where it's not easy to define a filming perimeter.
In such cases, it recommends that signage be erected and that people are made aware that a drone is operating.
The DPC says drone operators should comply with all applicable laws.
Anyone who wants to raise concerns about data protection rights must obtain details of the data controller, along with evidence that their personal data was processed.
The commission has the power to sanction and/or fine operators for any infringements that are identified.
In August, the Department of Transport launched a policy framework for drones, intended to help address challenges brought by the "rapid pace of innovation and commercialisation" in the sector.
This will involve work to develop the designation of UAS zones, the introduction of new fixed charge offences for infringements of regulations, and increased collaboration between gardaí, the IAA and the DPC to investigate suspected breaches of the rules governing the use of drones.
Enforcement powers to bring prosecutions for breaches of the EU regulations regarding the operation of drones rest with the Irish Aviation Authority Act.
It can bring summary proceedings in the District Court, where the maximum sentence is a fine not exceeding €5,000 or imprisonment for a term not exceeding six months, or both.
In more serious matters, a prosecution may be brought on indictment by the Office of the Director of Public Prosecutions (DPP), where the maximum sentence is a fine not exceeding €500,000 or imprisonment for a term not exceeding three years, or both.
The Jim Gavin campaign video that was shared on social media features three short drone shots of him running in the park.
He is identifiable in two of these, accompanied on the jog by Minister for Finance Jack Chambers.
It is hard to clearly make out any of the other participants in the footage in question.
This would appear to be in keeping with Data Protection guidelines regarding filming of people in a public place and "minimal impact on their privacy".
The Irish Aviation Authority and AirNav, the agency which oversees the U97 Red Zone, in which the park is located, have been contacted for comment.
