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Drone Rules in Italy: ENAC, D-Flight Registration and the Privacy Question

By Recording Law Editorial Team9 min read
Drone Rules in Italy: ENAC, D-Flight Registration and the Privacy Question

Frequently Asked Questions

Do I need a licence to fly a drone in Italy?

It depends on the category of flight. Most recreational flying sits in the Open category, which needs no prior ENAC authorisation but still requires operator registration on D-Flight, a QR-code identifier on the drone, and a pilot attestation for most drone classes. Specific and Certified category operations need an ENAC authorisation, a declaration of compliance, or certification, depending on the operation.

Do I need to register my drone if it weighs less than 250 grams?

Only if it has no camera or other recording device on board. A drone under 250 grams with a camera still needs D-Flight registration and the QR-code identifier; the recording capability, not the weight alone, triggers the requirement.

What is D-Flight?

D-Flight is the Italian portal where drone operators register, obtain their QR-code identification, check permitted and restricted flight zones, and submit declarations of compliance for Specific category operations.

Is it legal to fly a drone over my neighbour's garden?

The flight itself may be permitted under ENAC's aviation rules, but capturing images of a neighbour's property or identifiable people on it is a separate privacy question. Footage that extends beyond the operator's own personal or domestic use can require a lawful basis and can raise exposure under art. 615-bis c.p., the same rule that applies to a ground-based camera pointed at someone else's property.

Can I film people with my drone without their permission?

Filming strictly within your own personal or domestic use may fall inside the same household exemption that applies to a home security camera, but a drone's aerial view makes it more likely to capture identifiable people or property beyond that scope. Once it does, ordinary GDPR and Codice Privacy duties, and potentially art. 615-bis c.p., can apply.

What is the difference between the Open, Specific and Certified categories?

Open covers low-risk flights needing no prior ENAC authorisation, split into A1, A2 and A3 by weight and distance from people. Specific covers higher-risk flights needing an ENAC authorisation or a declaration of compliance with a standard scenario. Certified covers the highest-risk operations, such as carrying passengers or dangerous goods, requiring certified equipment, a certified operator and a licensed pilot.

Does flying legally under ENAC rules mean my footage is automatically GDPR compliant?

No. ENAC's rules govern whether the flight itself is authorised. Whether the footage captured during that flight is lawful to record, keep or share is judged separately under Italian data-protection and privacy law, and a fully compliant flight can still capture footage that is not compliant to keep or share.

Sources and References

  1. Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft(eur-lex.europa.eu).gov
  2. Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and third-country operators of unmanned aircraft systems(eur-lex.europa.eu).gov
  3. ENAC, Requisiti generali per operare nella categoria aperta (Open Category)(enac.gov.it).gov
  4. ENAC, FAQ Droni(enac.gov.it).gov
  5. Garante per la protezione dei dati personali, Droni: normativa e guida(garanteprivacy.it).gov
  6. Garante per la protezione dei dati personali, Utilizzo di droni a fini ricreativi e privacy: l'infografica del Garante(garanteprivacy.it).gov
  7. Garante per la protezione dei dati personali, Provvedimento in materia di videosorveglianza, 8 aprile 2010 [1712680](garanteprivacy.it).gov
  8. Codice penale, art. 615-bis (Interferenze illecite nella vita privata)(normattiva.it).gov
  9. Codice penale, art. 614 (Violazione di domicilio)(normattiva.it).gov
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