Datos
Protegidos

OUR WORK
This report was written by the Protected Data Foundation, supported by Privacy International.
Sebastian Becker coordinated this research, with the support of Francisco Arellano and Rafael
Luna. Edition and final revision by Romina Garrido. For requesting interviews or any other
document please contact hola@datosprotegidos.org

LICENCE:
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https://www.datosprotegidos.org/

 Drones in Chile: A human rights, discourses and
industry analysis.
I. Introduction:
In the last decade, Latin America has experienced one of the most important economic moments
in its history, which brought with it the introduction of new technologies and the development of
multiple industries. Thus, our region has been particularly open to technology, participating in
productive processes and the development of services. Drones are a good example of this, a
cutting-edge technology that came to the region to innovate in various industries, including the
public safety industry.
The Latin American countries have developed different tactics to promote citizen security through
surveillance, with a visible rising trend in this industry, due to the levels of insecurity that exist in
the region; Governments and corporations have made heavy investments to deal with insecurity,
bringing with it political dividends and satisfactory returns for private enterprise. In this way,
drones seem to be a phenomenon, although incipient, with a great upward projection: as new
forms of video surveillance develop, political discourses that justify them, cheap softwares
compatible with drones and capital injections to the industry. Slowly, privacy and others rights
will erode to the benefit of citizen security discourses.
Is it possible a world where there are thousands and thousands of drones with cameras doing not
only surveillance but also a myriad of activities related to the most diverse interests? How would
you present a world where the expectations of privacy in public (and private) spheres were almost
completely eliminated from social life by the amount of cameras swarming the skies? What would
it be like to have surveillance by drones with biometric identification systems that work
permanently in "dangerous" places in pursuit of public safety? These questions do not seem very
distant to a nearby reality, for example, according to The Economist, China's private companies
have access to the biometric government database of 700 million Chinese, half of its population1.
What would be its impact with hundreds of drones in the skies?
The present report seeks to take charge of the legal and sociological issues behind the
surveillance, through the realization of an inquiry about the phenomenon of drones from an
economic, sociological and legal perspective. That is, have material available to help us
understand how the drone industry works and what its projections are in the near future. In
addition to the above, the report seeks to understand the logic behind the purchase of drones for
video surveillance in the region; finally, understand the consequences that the massive,
indiscriminate and constant video vigilance that they carry out, and could make, the drones in the
1
The Economist, "Facial recognition technology will change the way we live", 2017. Available at:
https://www.youtube.com/watch?v=nT_PXjLol_8

 region to our systems of rights and democracies of the region. The above in order to generate
narratives that allow counterweights to political discourses that tend to increase security without
assuming the costs on human rights that this kind of measures mean.
As a result of the above, this report is divided as follows: a small introduction to drones, showing
their uses and main characteristics; the projections of the drone industry and business models
through video monitoring; analysis of political discourses behind the purchase of surveillance
devices in the region; and finally, a legal analysis on the implications for human rights and the
existing regulations in the region.

II. Methodology:
The countries analyzed in depth are Argentina, Chile and Brazil. The report is made with inputs
that range from interviews with experts, gathering public access information, gathering
journalistic articles and specialized bibliographic review.
The methodology then comprises:
- Documentary analysis (Laws, technical regulations and related bibliography).
- Press summary.
- Analysis of public documents obtained by access to information.
- Interviews with stakeholders.
The way that the report is written avoids that the quotations and interviews are understood as
outside of the work, in order to give an easier experience to the reader at the moment of studying
the report. For this purpose, the information is referenced when it corresponds.

III. Report:
1. Definitions and characteristics of drones: what are we talking about?

The International Civil Aviation Organization (ICAO) points out that a drone is "a set of
configurable elements consisting of a remotely piloted aerial device, which is associated with a
pilot station, which requires command and control links, and any other system that is required
during flight operations"2. That is, the drones are not only the aircraft itself but also the technical
components of its operation system, which includes the function of autopilot, its controller, tools
and links necessaries for flight control. For purposes of this report, we will focus on civilian drones
and their industry, however, military drones are also used against crime and urban violence.
Moreover, the categorization of civilian and military drones is blurred by the use that
governments give them, so a strict categorization would have no meaning and correlation with
reality; that is why, although this work will focus on the use of civilian drones, there will be some
considerations regarding the use of militarized drones by Latin American governments.
2
ICAO, Unmanned Aircraft Systems (UAS), Order Number: CIR328, 2011, Glossary. In: DGAC (Directorate General of
Civil Aviation) DAN 151: "Operations piloted aircraft at distances (RPAS) in matters of public interest, made over populated areas".

 Civil drones are versatile devices that can go beyond the taking of images and recording, including:
- Video surveillance: equipped with video surveillance systems capable of storing and
transmitting images live and/or achieving facial recognition, allowing the identification of
specific people, objects or situations, identifying behavior patterns, reading and identifying
vehicles and patents, 360º vision, infrared systems capable of recording in conditions of low
visibility and even at night (night vision).
- Detection systems: identify vehicles and objects in their positions, even through walls or
other objects with infrared or other systems.
- Radio-frequency equipment: can be used as antenna to capture Wi-Fi positions and control
cellular signals and wireless connections3.
For the drone industry, this multiplicity of uses is crucial to its success. Drones are not only being
used for video surveillance or recreational issues, their massiveness and success are due to the
fact that there are multiple uses that other industries have been able to take advantage of; from
mining to agriculture, drones have been used for tasks such as inspections, fumigation or others.
Even Amazon, UPS and Google are working for a delivery system using drones, which could
transform forever the industry of office and mail4.
Precisely the ability to collect data, as its versatility makes drones much more powerful and
efficient than closed circuit television (CCTV). The ability of drones to record in a 360º panorama
and, at the same time, according to the discretion of the operator, to carry out personalized
follow-ups - without alerting the person or vehicle being monitored - makes them especially
powerful for the industry of security. Drones are able to identify and track people, situations or
objects, as well as identify patterns of behavior or issues linked to the maximum intimacy of
people, so they have a special impact on personal data, like no other system before.
Due to that versatility and ability to perform a personalized surveillance is that the drones become
such an exceptional and powerful device. Drones alone can "erode our individual and collective
privacy"5. Moreover, the European Union has pointed out that drones, as image processors
(which include images of people, houses, license plates, etc.) and for their ability to reveal data
about an identified or identifiable person, "have an impact in privacy and data protection and
therefore activates the application of personal data protection legislation"6.

3
Europe Union, "Opinion 01/2015 on Privacy and Data Protection Issues Relating to the utilization of drones", 16 of June
2015. Available at: http://ec.europa.eu/justice/data-protection/index_en.html . pp. 6-7
4
The Economist, "Welcome to the Drone Age. Miniature, pilotless aircraft are on the verge of becoming common place ",
Sep. 26 th , 2015. Available at: https://www.economist.com/news/science-and-technology/21666118-miniature-pilotless-aircraftVerge-are-becoming-commonplace-welcome .
5
Ryan Calo, M. "The Drone as catalyst privacy" 64 Stanford Law Review, Online 29, December 12, 2011. p. 29.
6
European Union, Ob. Cit. p. 7

 The above is relevant: the countries and their authorities in Latin America have not realized the
importance and implications of the use of drones in the rights of people and the way in which
they can collect information. Despite the increased use of drones in the region, there is a
regulatory legal vacuum (which will be addressed below) that gives free passage to industries and
authorities to use drones for surveillance purposes without adequate framework of action, or
limits on the data of people.
The following sections will review how the drone industries operate and the projections it has
worldwide. With this we can know the magnitude of the challenge of addressing drones with
regard to the rights of people and find ways to avoid (or inhibit) collateral damage through proper
regulation7.
2. Drones industry, where is it going?

The expansive use of drones seems inevitable. Drones have multiple applications and that makes
them not only a tool that in some cases is useful, which without proper regulation can be
dangerous, but also in a very good business. Drones as a business have gone beyond the military
sphere and are becoming the next mobile revolution. For the Director of Privacy and Robotics at
Stanford University, the massive nature of the drone business could make us rethink - finally! how we are understanding privacy and its nature8.
In order to understand the presence of drones in the business world and its encouraging future,
we have Goldman Sachs' research which establishes that by 2020 the industry will move around
$US 100 billion, including military and civil technology. It is divided into 70% for the former and
30% for the latter. Within this, $US 17 Billion represent recreational drones and $US 13 Billion for
different civil and commercial industries, the most prominent being construction ($US 11.2bn),
agriculture ($US 5.9bn), infrastructure inspection ($US 1.1bn), among others. For police uses,
protection and border surveillance, the amounts to be invested for the year 2020 are $US 885
million in police and $US 380 million for border control only in the United States, revealing the
enormous niche that is observed in this industry in the near future9.
Another forecast - from BI Intelligence - points to a much smaller prediction in the area of civil
and commercial drones, with only $US 2 billion for 2020 and $US 10 billion in the military industry.
The report indicates that the military industry will continue to lead the market, however, the

7
Office of the Privacy Courtage of Canada, "Privacy Implications of the Spread of Unmanned Aerial Vehicles (UAVs) in
Canada", April 30, 2014. p. 5 [Available at: http://www.sscqueens.org/sites/default/files/Surveillance_Drones_Report.pdf ].
8
Ryan Calo, M. Ob. cit. p. 30
9
Goldman Sachs, "Drones: Reporting for work", 2017. Available at: http://www.goldmansachs.com/ourthinking/technology-driving-innovation/drones/

 entrepreneurship sectors could increase their market share if the countries establish greater
regulation and develop new ways to use drones in different areas10.

A third approach to the drone industry is that proposed by the Gartner company, published by
The Economist. Their prediction for the year 2017 is that the industry of the drones for
commercial purposes will move between $US 3.6 billion and $US 2.3 billion, increasing its
popularity over the coming years11. The figures are justified due to the low prices of the devices
and the new business forms.
Table nº1: Forecast of
income of personal and
commercial drones, 201617 (in thousands of US
dollars)
Personal
Commercial
Total Revenue
Total Revenue Growth

2016

2017

1,705,845
2,799,272
4,505,117
35.5%

2,362,228
3,687,128
6,049,356
34.3%

Source: Gartner (February 2017)12

10
BI Intelligence, "The Drones REPORT: Market Forecasts, regulatory barriers, top vendors, and leading commercial
applications". Available at: http://www.businessinsider.com/uav-or-commercial-drone-market-forecast-2015-2
11
Garner (February 2017). Available at: http://www.gartner.com/newsroom/id/3602317
12
Garner ( Febrero 2017). Available in : http://www.gartner.com/newsroom/id/3602317

 Despite the fact that certain specialists, such as Miriam McNabb13 point out to us that the
numbers of market studies "depend on what they measure; some measure the number of drones
sold, others all the money that moves around the industry, there is an overlap between
commercial and civil uses so the market studies or forecasts are not very reliable"14; nonetheless,
it can be noted that the trend of the drone industry is upward.
For The Economist, the increase in commercial drones (for use in industries and hobbies) is due
to "strong competition in the market that has made the machines much cheaper, more reliable
and more capable than the same ones a few years ago. [...] the rapid innovation took the market
of consumers being adopted by the companies"15. A second reason has to do with the lack of
regulation that exists in the different technical departments16; and third, "the industry
experienced a jolt as push -up start-ups that came to be dominated by DJI"17.
The case of Dajiang Innovation Technology Co (DJI) is very illuminating to understand how the
drone industry is expanding. The company was founded in 2006 by the Chinese entrepreneur
Frank Wang, and is undisputedly the leading company in the market. DJI owns 70% of the market
of drones for consumers and according to Forbes, its flagship product (Phantom) sold $US 1 billion
dollars in 201518. DJI combined, like no other company in the world, low prices with accessibility,
making drones a global hobby. For example, its sales are divided by 30% for Asia and 30% for the
United States; 30% for Europe and 10% for Latin America and Africa19.
13
Drones marketing specialist and CEO of jobfordrones.com page.
14
Personal interview on July 18, 2017 .
15
The
Economist,
"Technology
Quarterly
Taking
Flight",
June
8,
2017.
Available
at:
http://www.economist.com/technology-quarterly/2017-06-08/civilian-drones
16
Ibid.
17
Ibid.
18
Forbes, "The (multibillion - dollar) war drones". Available at: https://www.forbes.com.mx/la-multimillonaria-guerra-delos-drones/
19
Ibid.

 Despite the low percentage of sales compared to other regions, DJI executives are optimistic with
Latin America. The geography of the region and the importance in agriculture and mining in
countries like Brazil, Peru or Chile make the region attractive for companies to continue selling
and expanding: "there is an important space to grow in the region," says Mcnabb20. For example,
for Statista, in Latin America, revenue projections for 2020 are of $US 159.79 million and by 2025
it would reach a trillion dollars. The graph of Statista points it out like this:

For the regional director of DJI in Latin America, Manuel Martínez, "in Latin America, drones are
a corporate issue. The only markets that one sees for recreational drones are Chile and Mexico,
because Chile has free trade agreements and Mexico is on the border with the United States. The
rest of the Latin American countries the drones are for business, inspections, agriculture and
recordings”21.
Specifically, Mexico accounts for 5% of DJI's global market, according to Price Waterhouse
Coopers (PWC). This makes Mexico one of the most important countries for Latin America along
with Chile and Uruguay. For Martinez, the region presents four main industries for the use of
drones:
-

Farming
Surveillance and security
Industrial inspections
Filming22

20
Personal interview on July 18, 2017 .
21
China Daily, "Chinese drone DJI-maker looks to expand in Latam" April 15, 2017. Available at:
http://www.chinadaily.com.cn/business/tech/2017-04/15/content_28942207.htm
22
Forbes, "Mexico, the best market for DJI drones in Latin America", June 2, 2017. Available at:
https://www.forbes.com.mx/mexico-mejor-mercado-los-drones-dji- Latin America/

 In addition to the drone hobby market, the use of drones in other industries such as inspection of
pipes, rescues, movies, TV, among others, is growing in Mexico. In Uruguay, agriculture and
livestock are the preferred industries for the acquisition of drones. Chile has explored the use of
drones in construction, agriculture and mining.
In this way, the drone industry is moving to larger numbers and inserting itself in various sectors
of the economy. Latin America is not the exception and although the numbers are not comparable
with Europeans or Asians markets, there is a growing industry that is favored by the specific
business ecosystems that the region handles. Drones are being used for both agricultural affairs
and video surveillance, so it is necessary to delve into drone business models of surveillance and
their possible repercussions.
3. Video surveillance as a business model.

As highlighted in the preceding paragraphs, video surveillance is shown as one of the most
promising industries for drones in Latin America. Therefore, it is not surprising that countries such
as Chile, Argentina or Brazil are implementing drone technology to fight crime. Low prices, lack
of regulation in terms of information processing, and social inequalities typical of the region allow
for the expansion of drones as surveillance elements.
On July 4, 2017, in Buenos Aires, the Mayor of the city, Horacio Rodríguez, with the Security
Minister, Patricia Bullrich, presented the surveillance aerostatic system that would allow control
of the highway between La Plata - Buenos Aires and General Paz23. This program will include four
drones (three would be added later) to monitor General Paz and La Noria Bridge24.
The drones are not new to the Argentine police. In 2015 the metropolitan police put together
their own, this was the first time the drones were used to prevent crime and monitor the
population as a preventive monitoring mechanism. In 2015, the police said: "The idea is that they
can enter places where a human being cannot be or is dangerous"25.
In the same way, Brazil began with the use of drones for video surveillance. Following the events
of the World Cup (2014) and the Olympics (2016), the Brazilian Air Force (FAB) acquired several
RPAS Hermes 450 that can fly autonomously for 36 hours. These RPAS were equipped with a Sky

23
The Nation, "launched a new security system for the city with cameras mounted on balloons", 4th july 2017. Available
at: http://www.lanacion.com.ar/2039647-presentaron-un-nuevo-sistema- de-safety-for-city-with-camera-mounted-on-balloons-Hot
air
24
The Nation, "Balloons and drones How Buenos Aires police monitor the city from the air", 10th July 2017. Available at:
http://www.lanacion.com.ar/2040679-globos-y-drones-como-la -Police-portena-elses-the-city-from-the-air? utm_content = &
utm_medium = social buffer348d4 & utm_source = twitter.com & utm_campaign = buffer
25
Ramallo, Felix. InforTechnology, "the metrocoptero, the drone of the Metropolitan Police and flies in the city , " 17th
March 2015. Available at: http://www.infotechnology.com/culturageek/El-Metrocoptero-el-drone-de-la- Policia-Metropolitana-yafly-in-the-City-20150317-0002.html

 Eye sensor with the ability to monitor an area of 100 square kilometers26. This acquisition is
complemented by the 14 Heron drones that were purchased from Israel's Aerospace Industry
capable of recording at 30,000 feet, and the amounts invested by the Brazilian defense are around
$US 350 million, according to Infodefensa27. According to The Guardian, the purchase of drones
specifically by Brazil bordered on $US 12 million28. As a result of these acquisitions, in 2013 the
director of the Inter-American Commission on Human Rights (IACHR), Santiago Cantón, stated in
the context of a hearing before the IACHR that Brazil was the Latin American country with the
largest acquisition of drones in the region29.
The purchase of drones by the Brazilian State responds to the special context of insecurity that
was experienced as a result of possible terrorist attacks that could have occurred during the
Olympics and the World Cup. On the other hand, it could respond to the political instability that
Brazil is experiencing in recent times. For the LAVITS network researcher Fernanda Bruno, "the
contract that Brazil signed as the host country is that it should submit to international standards
in terms of security against terrorism. But the funny thing is that Brazil and its authorities took
advantage of that moment to approve an anti-terrorist law being that historically there has not
been a constant situation of terrorism in Brazil that justifies implementing such a law, but the
truth is that this law sought to criminalize and punish more intensely the crimes that are related
to urban violence and social security, crime that should not be within that matrix of terrorism"30.
In Mexico, unmanned aircraft technology has also been used to monitor borders. The Ministry of
National Defense (SEDENA) uses its "drone squadron” for intelligence work against organized
crime, but also to patrol border regions, support disaster work and monitor strategic installations,
such as those of Petróleos Mexicanos (PEMEX) and the Federal Electricity Commission (CFE). The
above is corroborated by Carlos Morales, a Forbes journalist, when he said in an interview that
"in Mexico there have been multiple cases of authorities using drones taking advantage of the
legal vacuum that exists to monitor public buildings and agglomerations"31.

26
Varon, Joana & Felizi, Natasha. " I went out hunting surveillance teams at the Olympics , " Chupadatos, Coding Rights.
Available at: https://chupadados.codingrights.org/es/sai-para-cacar-equipamentos-de-vigilancia-no-rio-olimpico/
27
Infodefensa, "Brazil buys 14 UAVs of Israeli IAI for 350 million dollars." Available at:
http://www.infodefensa.com/latam/2009/11/12/noticia-brasil-compra-14-sistemas-uav-de-la-israeli-iai-por-350-millones-dedolares .html . ACCORDING With Cattan, Nacha & Barnes, Taylor was the amount by $ 395 million, available at:
https://www.csmonitor.com/World/Americas/2011/0420/Spread-of-drone-programs-in-Latin-America -sparks-calls-for-code-ofconduct
28
Marina Hyde, "World Cup 2014: Brazil at the finals to google-eyed man will be king", The Guardian, 28 th May, 2014.
Available at: https://www.theguardian.com/football/blog / 2014 / Jun / 28 / world-cup-2014-brazil-security-measures
29
Cupolo, Diego. "Drones use soars in Latin America, Widely Remain unregulated", December 19th, 2013. Available at:
http://upsidedownworld.org/archives/international/drone-use-soars-in-latin-america-remains-widely-unregulated /
30
Personal interview, August 31, 2017.
31
Interview with Carlos Morales issued: 08/08/2017.

 SEDENA has also publicly acknowledged that it has used its drones to monitor the freight train
traveling north, known as "The Beast," which daily transports hundreds of migrants to the United
States32. Although for Morales, "it’s the police authorities, not military men, who use drones."
It is clear that not only in Brazil but also in Argentina, Mexico and Chile (as we will see in the next
section) there is a militarization of urban spaces and experiences, using devices such as drones
that are originated (in case of Brazil) for the war but end up filling the city, overflowing and
permeating the surroundings of it, blurring the boundaries between civil and military, and
between public and private33.
4. The Chilean case´s drones

On April 21, 2017, the municipality of Las Condes through its Mayor Joaquín Lavín, implemented
a surveillance system through two RPAS in the poorest sectors of the district. The reason why
they were acquired was: "citizen security and for the provision of assistance in emergency
situations or catastrophe"34. The drones are from the DJI brand, model Matrice 600 Pro, with a
Z30 DJI camera with a 30x optical zoom and 6x digital zoom35. This zoom is powerful enough to
recognize small objects (such as a red pencil) 150 meters away36.
Chile is also witnessing the trend of a growing drone surveillance industry. In fact, Petric company
billed $US 11 million in the last 10 years, providing surveillance cameras and CCTV, only
considering public contracts37. This company, in addition to selling drones, sells biometric
identification system, surveillance balloons and other devices of the same nature.
The security companies in Chile have grown by 46% between 2010 and 2015, and the richest
communes in Santiago (Las Condes, Vitacura, Lo Barnechea, Providencia and Santiago) have
spent, in 2015, $US 30 million in public security, according to local media38.
Particularly, on the drone industry in Chile, the company Dronestore (provider of these devices in
the commune of Las Condes) billed $US 63,000 in the last 5 years only in public contracts.
According to its CEO, Jorge Zalaquett, in one year (2014 to 2015) they increased their sales by
32
The "drones"of Mexico: who uses them and why , " Political Animal. [Online] Available at: <
http://www.animalpolitico.com/2015/07/los-drones-de-mexico-quien-los-utiliza-y-por-que/ >
33
Tironi, Martin and Valderrama Matthias. "Urban militarized and cosmopolitics situation: The case of the Surveillance
Blimps in Santiago de Chile", Revista Latinoamericana Polis, Vol 15, No. 44, 2016. p.. 137
34
I.Municipalidad of Las Condes. Report to the Court of Appeals of Santiago, p. 9. Available at:
http://corte.poderjudicial.cl/SITCORTEPORWEB/ number case: 34360-2017.
35
For further technical details see in: http://www.dji.com/zenmuse-z30/info#specs
36
For a demonstration, see: https://www.youtube.com/watch?v=roxgQh73ye8
37
Pino, Patricio. "Entrepreneurs after the business of electronic surveillance of municipalities", La Segunda, May 12th,
2017. Available at: http://impresa.lasegunda.com/2017/05/12/A/fullpage#slider-23
38
Orellana, Antonia. "Drones and Globes: How to monitor business expands in Santiago from the upper quarter"
Bewilderment, 24th February, 2017. Available at: http://www.eldesconcierto.cl/2017/02/24/drones-globos He-expands-fromneighborhood-high-business-monitor-santiago-from-heaven /

 300% and during the 2015-2016 period their sales increased by 75%. This company was the first
to sell DJI drones in Chile and, at present, there are six other companies that are the official
distributors in Chile of this brand39.
For purposes of this work, all public contracts were analyzed from 2016 to date, and according to
information published by the State, Chile has spent on drones $US 350,29240. Specifically for
surveillance, the amount is $US 124,118. Due to the implementation of drones - and as will be
seen below - a lawsuit was filed against the Municipality of Las Condes, which could determine
the legality of massive video surveillance systems using drones.
5. Surveillance speeches in Latin America

With the irruption of the business model of drones as video surveillance mechanisms in the
region, it is now necessary to analyze what discourses support this business model. Added to this,
the effects of surveillance on the general population must be explained: What kind of society are
we building with highly invasive security systems? What are the consequences of putting literally- drones on the heads of people to monitor and record them? So this section aims to
reveal the discourses behind the acquisition of drones for surveillance and how they relate with
the drone industry.
Therefore, the present section will be divided into four parts: in (5.1) the panoptic and postpanoptic models will be explained, to show that drones are in the middle of these two models of
society and their corresponding discourses; in second place (5.2) we will review how the
discourses on video surveillance and drones intersect with the drone industry in the Latin
American region; in (5.3) the post-privacy discourses that feed the speeches already mentioned
and the drone industry will be reviewed, in particular the Chilean case. Finally, in (5.4) the effects
on societies of a discourse unleashed in favor of video surveillance and drones will be explained,
and how these can affect specific groups of society.
5.1. Drones and the panopticon model.
In the digital age, as never before in the history of humanity, governments have more devices,
tools and technology to monitor and watch the population, being the drones a clear example of
this: the versatility of drones to obtain images from the sky and make personalized follow-ups is
a unique tool and never before seen, that is the reason of its power. These technologies used on

39
Despite the efforts of the NGO Protected Data, could not get an answer or Rodrigo Salcedo, CEO of DJI in Chile, and
Jorge Zalaquett CEO of Dronestore.
40
The table with this information is in reference section of this work.

 the population to monitor them build models of control and discipline that respond to a panoptic
model41.
As drones are handled by a few people for surveillance, we are facing a panoptic manifestation
("to be visible but unverifiable"), that is, to the extent that the authority uses the devices of the
drones to control the discipline ("not offend") of the citizens, we are facing a panoptic speech.
The behaviors under surveillance will be guided under the authority, according to its rules and
parameters of a "normal citizen".
Foucault explains that "the panopticon is a wonderful machine that, from the wishes of the most
different, produces homogeneous power effects"42, which implies a control (power) on the
population, but not only that: "it can be used as a machine to make experiments, to modify
behavior, encourage or reeducate the practices of individuals"43. The panopticon is a machine of
power that through the observation of circumstances active and increases this power, disciplining
to "not offend", "not to drug-deal", "not to act as a stranger", etc.44.
Drones are surveillance devices because in them "we find the intention of regulate, systematic
and focused attention on personal data, taking into account control, law, administration,
influence or protection, we are observing surveillance"45.
In light of the panoptic effects, it is that the surveillance of drones in Latin America is shaping up.
The objective of the authority is to control and monitor the population so that it does not commit
crimes or undesired acts, transforming the drones not only into surveillance mechanisms but also
as political machines with the purpose of applying discipline to the population.
The development of technologies is creating a new concept of panoptic where "the forms of
surveillance have been liquidated and invigorated, flooding all the spaces of the city becoming
increasingly ubiquitous and invisible"46. Technologies have turned surveillance into liquid that
flows from the authorities to ordinary people being surveillance system, cell phones, video
cameras, Internet, social networks and, of course, drones. Fernanda Bruno calls this phenomenon
"distributed surveillance" because it is a process that goes beyond an individual concept,
distributing itself among multiple agents, human and non-human47.

41
Foucault, Michel. "Vigilar y Castigar. Nacimiento de la Prision", Siglo XXI Editores, 2nd edition, Buenos Aires, 2008.
pp. 227-261.
42
Foucault, Michel. Ob. Cit. p. 2. 3. 4
43
Ibid. p. 236. Highlighting its own.
44
Ibid. p. 237
45
Bruno, Fernanda. "M´quinas de ver, modos de ser" Editora Sulina, Porto Alegre, 2013. p. 85
46
Tironi & Valderrama. Ob. Cit. p. 134
47
Bruno, Fernanda. Ob. Cit. p. 26

 Drones are situated in a particular context where anyone and anything can be a surveillance
device, settling in our technologized societies a "democratization of surveillance"48. Thus, the
drones are just a one control and monitoring technology falling between two spheres and levels
of society: one in which the authorities intend to discipline and control the population and the
other one in which society moves towards a transparent society involving a total surveillance, a
true "inhuman society of control"49.
5.2. Reflections on surveillance speeches in Latin America.
As we saw in the previous section speeches surveillance in Latin America are very important for
the authorities, so they invest significant amounts of money to achieve citizen security. Latin
American countries are innovating in how to monitor, with the drones as ideal response to this
regional need: the authorities can see anyone from a panoramic perspective while performing
custom tracking without raising any kind of suspicion; Drones are cheap and accessible, obtaining
images like no other video monitoring device. The issue is obvious: Why is it so important video
surveillance for authorities and governments? Why are authorities willing to spend large sums of
money on technology to monitor the population? Why this urge to spend on the latest devices
on the market to monitor the population rather than invest money in more productive issues for
society as education, culture and sports issues?
For a first approach to this answer, we can quote the analysis of Bruno: "the sense of video
surveillance was to protect the people who inhabited these privileged spaces [...] surveillance
cameras were installed to reproduce a rhetoric and security sense for the population inhabiting
these spaces to feel protected from another population it sees as threatening, dangerous and
violent"50.
Bruno analysis can be divide it into two ideas: first, the demand on public safety; and secondly
that the threat is not us but them.
The need for public safety is a phenomenon that crosses all of Latin America and is one of the
most important concerns for the people of the region51. This implies that, as Paul Carvacho52 says:
"The politician in his speech offers hope that certain social problems can be solved using the
criminal justice system [...] what is being done is to provide an easy, simple and concrete solution,
which is the secret of penal populism. Therefore, public safety will always be used as a spearhead,
48
Chul-Han, Byung. "Sociedad de la transaprencia", Barcelona, Herder, 2013. p. 90
49
Ibid.
50
Personal interview with Fernanda Bruno, on July 18, 2017 .
51
According to the "National Study of Public Opinion" in Chile it is the most important with 55% of the considerations
according
to
study
problem.
Available
in:
https://www.cepchile.cl/cep/site/artic/20170831/asocfile/20170831165004/encuestacep_jul_ago2017.pdf . Argentina and Latin
America in 2014 was presented as the most important issue for citizens violence and crime. Available at:
http://diaadia.viapais.com.ar/argentina/encuesta-la-inseguridad-y-la-economia-los-temas-que-mas-preocupan-los-argentinos
52
Pablo Carvacho Traverso is an professor at the Academic Institute of Sociology at the Pontificia Universidad Catolica de
Chile.

 because it is a seemingly efficient and quick way to solve complicated problems, and that is a false
solution"53.
To Bruno is not the danger itself which encourages surveillance but the risk54. The notion of risk
is motivating the implementation of these technologies: if people feel the risk to be assaulted
there is a need to control that feeling of insecurity. This notion of risk also explains that, for
example, in Chile, in the last six years the crime rate has remained stable (35% in 2010 and 39.7%
in 2016) but the fear of being a victim of crime it has risen from 60% in 2010 to 85% in 201655. As
long as there are predictive and preventive mechanisms to provide security (defined as a decrease
risk) technological devices to control public safety will be legitimized56.
Not only the public speeches of public security are driving the increase to video monitoring.
Politicians have the need to show themselves as efficient. When public policies focus on
presenting themselves as smarts or technological, we are admitting more technologies in our
cities. For Bruno, " surveillance as a way for the government of addressing the issues of the
population, gives the impression of being efficient and caring for its citizens with high
technology"57, making speeches where management not only solves security (or making you
believe you are safe), but also to show itself as an efficient, modern and technological.
We can now make a connection between political speeches and industry. As noted, there is a
promising industry of surveillance by drones in Latin America that already have governments of
countries like Brazil, Argentina and Chile acquiring them to monitor their population. This has
allowed politicians to show an efficient and innovative facade for fighting crime. To Byung-Chul
Han, a transparency – and control - oriented society produces that "politicians are not measured
by their actions, and this engenders in them a need for dramatization [...] the public sphere
becomes an exhibition"58. Thus, "rulers are eager to give easy solutions for the problem of
insecurity, and that is something that puts them well in the hand of companies that want to sell,
so if you have politicians who go making easy promises, companies are ready to sell", says Javier
Pallero59.
So we have politicians who campaign promises to solve the crime quickly through technology,
where companies are happy to deliver the latest innovations to public bodies and create this
scene of a crack down on crime. As public bodies are good payers, companies are willing to show
this efficient and modern face against crime with the best possible technology, including drones.
53
Personal interview, August 16, 2017.
54
Bruno, Fernanda. Ob. Cit. p. 37
55
CEAD,
"Result
ENUSC
2016
and
2010-2016
compared
series."
Available
http://www.seguridadpublica.gov.cl/media/2017/04/00_Total-Pa%C3%ADs_ENUSC-2016.pdf .
56
Bruno, Fernanda. Ob. Cit. p. 39
57
Personal interview with Fernanda Bruno, on July 18, 2017 .
58
Chul-Han, Byung. Op.cit. p. 69
59
Personal interview, Javier Pallero, Access Now's Policy Analyst for Latin America. September 14, 2017.

in:

 Studies on safety and perceptions of insecurity in Latin America, allow to emphasize that
surveillance is geared not so much to violations of the law, but to the opportunities in which such
violations occur, therefore the objectives of surveillance are not only potentially troublesome
individuals, but all those who may have the opportunity to be problematic for them, so the
population being monitored is much higher60.
Security and stories linked to it are multidimensional themes based on discursive constructions,
which postulating and offer several readings based on the natural concern of human beings to
live in safe spaces. For most people, worries about their daily security generate more insecurity
and fear than the fear of a global cataclysm61.
The first of these readings to identify is the political discourse based on a speech of extreme and
virulent character, linking insecurity to lack of authoritarianism, the need for heavy-handed, and
even dictatorships. For this security discourse the demand for safety does not bring reflection,
and focuses on a political discourse. Committing crimes is amalgamated to the discourse of
human rights, to the political left and everything that for a certain mindset belongs to the “pole
of evil”, disorder and subversion, where the only solution is the destruction of everything
considered part of that “enemy”. As part of this discourse, the world is a place full of dangers,
where everything that is not the most intimate circle of people is a source of insecurity. From this
point of view insecurity increases the potential attackers,and decreases the closer relations, by a
moral crisis, or the arrival other values than those of the "victim society". Looking a bit in this
speech, we find that is openly xenophobic. Strangers, or those who can be seen as different, can
be immigrants, the poor, or guilty of negative social events, as crimes or occupation of certain
jobs.
In a second reading, there is an intermediate speech, in which a concern about insecurity is
manifested, but not the center of daily concern of people. It is a moral discourse that distinguishes
between the honest poor and the criminal poor; therefore the social difference generates no
mitigation. There is a consensus in this discourse of the need for education as a manner of
discipline and that not all that belongs to “the unknown” is by itself a threat beforehand, because
it requires a personal evaluation. This discourse is characterized by criticism of human rights
associated with tolerance of crime, and although the state is not seen as the cause of insecurity,
it is responsible for it. Social crisis, inequality and increased poverty, is the most common
background, everything finally is presented as related to economic development and access to
jobs62.

60
61
62

Shearing, C., Wood.J. "Think Safety". Gedisa publishers, 2011. p.39
Kessler , Gabriel . He feeling of insecurity : sociology of fear of crime. Buenos Aires: Siglo XXI Editores; 2009. p. 105
Kessler , Gabriel . Ob. cit. p. 117

 In a third reading, the discourse of stigmatization, which is related to people most vulnerable
popular sectors as potential victimizers appears. Above them falls harassment, suspicion,
persecution because of the way they dress or engage in public space. In this speech the only
insecurity that is perceived is that of the wealthy neighborhoods.
In a fourth reading, there is talk of legal uncertainty, which revolves around the restoration of the
place of the law, and accounts for an alleged breach by the State of the application of the rules
against crime.
Elsewhere in the analysis of this issue, surveillance justifies its application and existence based in
the danger of some neighborhood sector, establishing labels on a particular place, preventing it
is better not to go there, and perpetual moral differentiation between population. Surveillance
based on insecurity is the classic opposition between the settlers and newcomers, foreigners and
nationals. Local threat is then charted, placed, spaced, and begins to divide spatially,
differentiating the danger zones of the safest areas. The community then fragmented in places
characterized by morality and insecurity. This divisive speech is characterized by a greater
fatalism, and you may hear the phrases "Today no one is really safe anywhere", "one comes out
and does not come out if he returns." The perception of insecurity presents questions about
community ties, and the ensuing debate arises if insecurity causes distrust or mistrust which
increases insecurity.
5.3. Speeches post-privacy: the case of Chile.
This chapter looks into speeches flowing around the population which is directly affected by
surveillance measures. In light of this, this section is intended to describe such discourses present
in both affected individuals, institutions (authorities) and the media. The goal is to leverage the
position of observers and participants have from each of their experiences which are the most
deeply rooted ideas about monitoring following the implementation of drones in Las Condes.
As noted, politicians seek immediate solutions to complex problems. Therefore, the technology
industry offers public bodies, so that they can show themselves as "modern", "efficient" and
"innovative". Consequently, this business fits perfectly with the industry drones: they offer
technology to show politicians as people who solve problems quickly and technologically.
This formula is observed in the Chilean case without a thorough analysis. The implementation of
drones in Las Condes by Mayor Joaquin Lavin received the applause of voters and residents of the
municipality. For example, Twitter read comments like "as a neighbor in Las Condes I spoke
properly: who does nothing, fears nothing. Both drones and balloons make us feel safe." Another
neighbor said something similar: "Congratulations Mayor. Tough on crime" . Also it stands out as
the drones modernize the city "Thanks Mayor, a futuristic city ". From the Neighborhood, Las

 Condesas nº5, a placed monitored by drones, they highlighted that "it is the best that could
happen to us as to the strengthening of security"63.
On the other hand, the coverage of the implementation of drones has been since its inception,
with an undeniable image of "effective and modern" of the Mayor’s work. Several media have
covered so far with headlines like: "Drones allowed drug dealers band stop in Las Condes"64 or
"First arrested by drones in Las Condes"65. El Mercurio, the most important newspaper in the
country, said "Images captured by drones in Las Condes, point at drug dealing spot"66. In fact, the
Mayor has been posting videos on his Twitter account of the images captured by the drones
(another way to show himself as modern) supposedly showing the existence of micro - trafficking
of drugs in public spaces in the municipality, without the existence of a criminal trial which
concluded the liability of the people shown in the videos. The media have covered the episode as
"Joaquin Lavin’s drones capture traffickers in parties of Las Condes"67. The aim of Lavin, in his own
words broadcasted on Twitter, is "causing a deterrent effect. Show that among many people, the
drone is able to capture when someone passes a rolling paper to another"68.
Mayor's statement is perhaps the clearest demonstration of a panoptic discourse and validation
of the post-privacy authorities: it is OK to violate privacy in public spaces. Meanwhile, the
residents of Las Condes agree to such violations in the name of public safety. The most common
support phrase from the inhabitants of the commune is "who does nothing, fears nothing" as a
way of foregrounding public safety despite the rights that may be at risk.
For example, we have the account of a resident of Las Condes sector, which states: "It is true that
violates a little privacy in the sense that they can see what I do in my yard, but who nothing does
nothing fear [...] anyway, neighbors can see / hear you, so it's never 100% private"69.
Another community leader, said about the possibility that the drones monitor private open
spaces: "As organization, we have no problem putting a drone in public spaces, we thought it is
worth trying any deterrent method against crime and selling drugs. We still have no such
problems; but we believe that prevention and neighborhood self - protection is the right thing to
do. As neighborhood council our priority is the safety of our children and adolescents"70.

63
Person interview Nov. 11, 2017, Ruth Chavez Dotte, Neighborhood Las Condesas No.5.
64
Available
at:
http://www.chvnoticias.cl/policial/drones-permitieron-detener-a-banda-de-microtraficantes-en-lascondes/2017-07-05/144112.html
65
Available
at:
http://www.tvn.cl/programas/muybuenosdias/destacados/ya-hay-detenidos-gracias-a--drones-en-lascondes--2440319
66
Available at: http://www.economiaynegocios.cl/noticias/noticias.asp?id=376155
67
Available at: http://www.elperiscopio.cl/2017/09/16/jsalazar/video-drones-de-joaquin-lavin-capturan-a-traficantes-enfondas-de-las-condes/
68
See tweet: https://mobile.twitter.com/LavinJoaquin/status/909836221072986113
69
Personal interview, November 2, 2017.
70
Personal interview Nov. 11, 2017, Ruth Chavez Dotte, Neighborhood Las Condesas No.5.

 The president of the neighborhood council Bilbao Duqueco No. 5, states: "People say 'it gives me
security', you are receiving more security, that they could, I don’t know, misuse use the word 'my
privacy', if I have nothing to fear, I have nothing to hide."
So, the speeches of post-privacy are not only what we see in ordinary citizens and local
authorities, but also in the judicial authorities. The Santiago Court of Appeals and the Supreme
Court have ruled in favor of video surveillance. First, it was the Supreme Court in the trial of
surveillance balloons that stated:
"Video surveillance in public space, where you
can not claim a greater expectation of privacy
intrusion -excepting intrusion acts that may
constitute illegal criminal proceedings- finds its
legitimacy towards the protection of people
and property, and deterring possible activities
criminal, which it should happen, image
recording will eventually enable the
identification of perpetrators, acquiring an
evidentiary fitness71"
Likewise, the Santiago Appeals Court ruled that measures surveillance drones in Las Condes are
neither illegal nor arbitrary:
"Shown no involvement either of deprivation,
disturbance concrete threat of constitutional
guarantees invoked by the appellant, in public
spaces that have implemented the use of
drones pilot video monitoring plan"72.
Thus it is not surprising that both local authorities and ordinary citizens get carried away by the
speeches of post-privacy without deep reflection on what privacy means in modern democracies
and how this is the shield for other human rights can be exercised. As noted Chul-Han: "coercion
of transparency evens the man himself until it turns it into a functional element of the system.
There is the violence of transparency"73.
Thus, the discourses of post-privacy leave people without a reasonable personal sphere to cope
both in ideas, and free spaces. A world without privacy gradually uniform people, eliminates the
71
72
73

Whereas No.8, p. 10 Judgment CS, 35389-2016
Whereas No. 22, p. 25. Judgment Santiago CA, 34360-2017
Chul-Han, Byung. Ob. Cit. p. 14

 strange and abnormal, the others, on behalf of us such as totalitarian states did in the twentieth
century. There is a danger of such speeches.
5.4. Some consequences of being under surveillance.
The implementation of video surveillance by drones involves a number of consequences for the
population. Given the above, this section is intended to describe the consequences of video
surveillance in sociological terms and how these can affect human rights.
According to our respondents, whether they were for or against surveillance by drones, they
agreed that it can criminalize specific groups in society. This is because the effects of the
panopticon and monitoring generally determines who is in and who is not, who is accepted and
who is rejected, dividing society, "all instances of individual control work in two ways: the binary
division and demarcation [...] and the coercive allocation of the differential distribution"74. That
is, it categorizes the monitored and determines who are the other group that match the label of
dangerous, criminals or who threaten our security, says Fernanda Bruno in an interview.
Similarly, Bauman and Lyon indicate that the safety systems work excluding and marginalizing
specific groups of society. To do this, the authors use the concept of "banopticbanoptic"75 to
describe how technologies are being used to create profiles and determine who ought (or not) be
subject to a surveillance system, feeding speeches to maintain public safety76. Therefore,
surveillance systems work to carry out a pattern of behavior on these defensible space and
discriminate who are with us and who is not, being the banopticbanoptic a policy of keeping
within the fences protected and at the same time, discriminate and exclude those who threaten
this protection77.
Another author who works this point is Gabriel Kessler. The author identifies the banoptic in the
form of political discourse, noting that surveillance is based on an extreme and virulent speech,
linking insecurity to lack of authoritarianism, the need for heavy-handed, dictatorships and other
purposes, as we have already noted. Demand for this security discourse does not bring reflection
and only focuses on the political discourse.
The implementation of a video surveillance system using drones would be to identify the enemy
and exclude it on behalf of public safety. Thus, it is not a coincidence that drones in Las Condes
are installed in the poorest sector of the community, or that in Buenos Aires the points chosen
for the implementation of drones are right on the ring allowing entry and exit of the city. "People
generally ask for more security at the expense of less freedom, but less freedom for others" says
74
75
76
77

Foucault, Michel. Ob. Cit. p. 231
Ban is to ban English and original concept comes from Didier Bigo
Lyon, David & Bauman, Zygmunt. "Monitoring Liquid", Barcelona, Paidos, 2013. p. 70
Ibid. p. 71

 Lucia Dammert78, explaining how the monitoring is used to profile and determine who are
dangerous and who should be protected. Monitoring response to insecurity drives dichotomizing
terms: enemies / friends; Criminals / working people; Chilean / immigrants; they / we, generating
a mapping of the most vulnerable and profiling of others in the name of public safety.
Studies indicate for example, that in Central America repressive public security policies are for
some politicians the only logical consequence of violence and crime79. Security measures
currently being implemented in Central America increased distrust between citizens and foster a
culture of denunciation more than solidarity. Likewise, Kessler notes that "the implications in the
daily life of the safety devices (cameras) and the feeling of insecurity erodes the coexistence of
society, to presuppose a society of suspects, where the devices would be the matrix of a social
experience of decreased interpersonal trust by an incessant attempt to detect any sign of threat
in everyday life"80.
In the same line, Fernanda Bruno points out that video surveillance responds to an overall status
of suspicion for the entire population being monitored81. The emphasis on public safety
surveillance drives not only people who break the law but also to those that might have a chance
to break the law and be problematic. In light of this, the population monitored is much higher82,
blurring the principles of the presumption of innocence (we are all suspicious of something) and
due process (regarding authorizations for specific monitoring of people, for example). As the
decision of who to watch and who not, will be left to the arbitrary human will, the most affected
will be vulnerable groups of such policies of monitoring and surveillance, as the study on the
patterns of criminal behavior that automated and supposedly objective software, gave as worthy
of major police attention the racial minorities83.
This general feeling of suspicion generated that "these people alter their behavior because they
feel threatened, they feel more vulnerable," says Fernanda Bruno in the interview84. Therefore,
the European Union has indicated that the implementation of drones "could be an increase in the
feeling of being under surveillance and consequently reduce the exercise of legitimate freedoms
and rights, known as ' chilling effect '"85.

78
Personal interview, July 20, 2017.
79
Huhn, S., & Peetz, P. "Violence, security and the rule: the discursive foundations of public security policies in Central
America." In: Rivero, Fredy (Ed.) "Multidimensional Security in Latin America", FLACSO-Ecuador: Ecuador Ministry of Culture,
2008. pp. 353-357. Available in: https://pub.uni-bielefeld.de/download/2528659/2528660.
80
Kessler, Gabriel. Ob. Cit. p. 196. Highlighting its own.
81
Bruno, Fernando. Ob. Cit. p. 93
82
Shearing, C., Wood.J. "Think Safety". Gedisa publishers, 2011. p.39.
83
See Angwin, Julia; Larson, Jeff, Mattu, Surya; Kirchner, Lauren. "Machine bias", ProPublica, 2016. Available at:
https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing
84
Personal interview interview Aug. 31, 2017.
85
Europe Union, Ob. Cit. p. 7

 This effect would violate a number of guarantees because the feeling of being observed inhibits
behaviors concerning freedom of speech, right of assembly, artistic freedom and dissent, in
addition to the discriminating effects already mentioned.
Surveillance contributes to the privatization of public space and the weakening of human rights
related to privacy. Especially its preventive nature, the need to define groups of offenders that
can pursue "before" the crime occurs is created; thus the rule of law is weakened86.
On the other hand, and despite the chilling effects that could generate the drones in the
population, there is no scientific evidence that effectively drones (or video surveillance in general)
can reduce crime rates in public spaces87. Corroborating this, Fernanda Bruno points out that
"there are no links between increased video surveillance and a reduction in crime"88, at most
there is evidence regarding that crime would shift from the monitored areas89, proving empirically
that the banoptic works and marginalizes vulnerable groups. For example, in Sao Paulo (Estacao
da Luz Nossa Lingua) the use of cameras has been used to clean public spaces of drug addicts,
prostitutes and vagrants90. So we cannot point out that the drones could bring down crime rates,
but only to displace most vulnerable people "lowering the presence of uncomfortable people and
disciplining those who remain there"91.
In addition to the above, "it is proven that video surveillance is limited to promote preventive
actions, simply because it is impossible to monitor a huge number of screens efficiently; and when
they increase the cameras and screens all that happens is that fewer of them will actually
observed "92 said Fernanda Bruno. Coding Rights on this point has shown that cities with larger
cameras in the world are not the safest cities93.

86
See Bragatti, MC, & De Oliveira Martins, A. (2017). The balance between intelligence, national security, fundamental
freedoms and protection of national interests. LEVS Magazine , 19 (19).
pp. 58-74. Available at:
http://www2.marilia.unesp.br/revistas/index.php/levs/article/view/7021/4506
87
Mayer-Schonberger, Viktor. "Delete. The Virtue of Forgetting in the Digital Age ", United Kingdom: Princeton University
Press, 2009. p. 64
88
Bruno, Fernanda. Ob. Cit. p. 39
89
See Diez Ripollés, José Luis & Cerezo, Ana Isabel. "Prevention of street delinquency through video cameras . Legal
regulation and effectiveness "Criminal Policy. Vol. 4, No. 7 (July 2009) p. 194. [Available in
http://www.politicacriminal.cl/Vol_04/n_07/Vol4N7A6.pdf ]
90
Kanashiro, Marta. "Sorria, você is filmed Sendo: câmeras as of monitoramento for segurança em São Paulo". Dissetaçao
of Mestrando presetada ao Department of Sociology Institute of Fisosfía and do HUMANITIES da Universidade Estadual de
Campinas, SOB orientação do Prof. Dr. Laymert dos Santos Garcia. Janeiro, 2006. p. 29.
91
Ibid. p. 30
92
Personal interview Aug. 31, 2017.
93
Zuazo,
Natalia.
"Vigilar
and
entertain,
happy
business
model."
Available
at:
https://chupadados.codingrights.org/es/vigiar-e-entreter-um-modelo-de-negocios-feliz/

 Thus, the drones more than contribute to help reduce crime label, categorize and prohibit certain
people to walk in certain places. So after the use of drones there is a discriminatory purpose:
clean- up in the name of public safety , although it is not shown to effectively reduce crime. It is
thus possible to say that insecurity is not defined by the accumulation of risky events but by the
transformation of the urban experience, this case being one where people are excluded (usually
the most vulnerable) for the safety of others. To purchase and deploy drones as monitoring
mechanism will be a new understanding of urban public spaces: one less respectful of human
rights of individuals.
The profusion of safety devices, suggest who sees them, that a certain location is a safe place,
and these elements are much more present in areas of middle and upper strata, than in popular
sectors. This can be seen in Chile.
Safety devices extreme presence, such as drones, can in some cases increase the fear, because
they become constant reminders of the presence of hazards. On another level security devices
are signs of a certain situation of an urban landscape, for example, for some it can be felt as a
source of tranquility, and for others it will wake up feeling of insecure. The devices have been
controversial at two points, first, their effectiveness, where there are no reliable assessments of
their ability to reduce crime, and second, whether the devices help deepen local conflicts and
mutual distrust. In our view defensive strategies can generate a sense of security in some groups,
but cause a greater sense of insecurity and harassment in others. Stigma, reputation and extreme
surveillance, shape local awareness of insecurity, internalize the stigma of the suspicious, the
need to show that they are not guilty, which is what culture presupposes. A monitoring device is

 a sign of indelible mark on the sphere of social life, especially among the most disadvantaged
groups.
What we observe at a small local level is possible to identify also on the world stage. Indeed, the
discourse of security and development are combined into a single discourse, which means there
is a causal relationship between social conflict, poverty and security. To explain this better think
about the following: areas of underdevelopment and poverty are seen as potential security
threats. At a global scale, according to a report prepared by the Development Assistance Commite
(DAC) of the OECD 2003, terrorists thrive on feelings of helplessness of marginalized groups, to
support their organizations. This has led to the agenda of poverty reduction to align with an anti
terrorist agenda, focused on certain populations in strategic locations, which has put at risk the
human rights agenda, justifying its failure in response to the threat of terrorism94.
Regionally, UNDP studies consider that the main objective of public safety is to eradicate the fear
of violent aggression, respect for physical integrity, to enjoy the privacy of the home without fear
of being assaulted, and being able to move peacefully through the streets without fear of being
robbed or attacked. It does not exist in the literature on citizen security references to traffic
accidents, the leading cause of unnatural death in countries like Mexico or Argentina95.
6. Drones and regulation.

As outlined in sections from above, video monitoring by drones has harmful effects on human
rights, especially on the private lives of people. Thus, briefly, this report will address how the
drones can affect the entire system of fundamental rights.
We have noted that systems of drones are an indiscriminate, massive and highly intrusive kind of
monitoring because people are exposed to a constant and continuous observation. It is
indiscriminate because they are victims-object of video monitoring not only possible suspects of
illegal activities, but the entire population living or transiting in monitored areas (overall status of
suspicion). In addition, the fact that it covers large areas gives this kind of surveillance a massive
character and, in the absence of full knowledge of when they operate and when not (because
they are invisible to who is being observed), generates the effect of a permanent observation96.
This indiscriminate surveillance by drones affects the right of privacy of individuals, which
emanates from the dignity of the human being, which is the basis for the free development of
personality. Thus, the implementation of surveillance systems could not only affect expectations
94
Shearing, C., Wood.J. Think safety. Gedisa editors; 2011. p. 113
95
Moriconi Bezerra, Marcelo. (2011). Demystifying violence: criticism of the (technical) discourse on citizen security.
Magazine
Mexican
sociological
,
73
(4),
617-643.
Retrieved
on
October
15,
2017,
of
http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S0188-25032011000400003&lng=es&tlng=en.
96
Goberna, Adela and Callegari, Agustina. "The double - edged drones: regulation and protection of privacy in Argentina",
SID 2015, 15th Argentine Symposium on Computing and Law. p. 160.

 of privacy in private spaces, due to the ability of drone to rise to the height of terraces to obtain
panoramic views, but also the expectations of privacy in public spaces. As stated by the Supreme
Court of the United States, privacy "protects people, not places"97, which means that even in
public and open spaces, there is an expectation of anonymity, i.e. be neither recorded nor
monitored, "might come and go without being identified and without their activities being subject
to a special or prolonged observation"98.
This loss of anonymity is linked to the chilling effect and panoptic observation that drones
generate. The feeling of the population of being observed can affect their behavior, which is
enough to produce a violation of privacy.
The European Court of Human Rights has said about it:
"Who feels unsure of himself at all times that
their divergent behavior is recorded and
cataloged, use [...] transmit permanently as a
mean of information, will endeavor not to draw
attention to that kind of behavior. Who knows
in advance that their participation, for
example, in a civic event will be recorded by the
authorities and that risks may arise for him for
this reason, will renounce presumably to what
an appropriate exercise of fundamental rights
is"99.
Privacy is therefore necessary for the exercise of other human rights, and when it is affected by
the installation of surveillance drones, then other human rights are affected as well.
In this same line has pronounced the former Special Rapporteur for Freedom of Expression of the
United Nations, Frank La Rue, as he acknowledged that "undue interference in the privacy of
individuals can limit, both directly and indirectly, the free exchange and evolution of ideas"100.
Therefore, implementing drones affects not only privacy but the entire structure of human rights,
because of the inhibitory effect of drones, watching public areas, people will desist of behaviors
that otherwise had been done, as protest, artistic expression or dissenting form. Surveillance
measures affect, among other rights, freedom of expression, circumventing regulatory
97
CS, Katz v. United States (1967), Para. 351.
98
Cordero, Luis. "Video surveillance and administrative intervention: questions of legitimacy", Journal of Public Law No.
70, 2008. p. 372.
99
ECtHR, Peck United Kingdom, January 28, 2003, para. 57
100
La Rue, Frank. "Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression" United Nations Organization, the Human Rights Council, A / HRC / 23/40 of 17 April 2013, para. 24

 requirements, as only a law, according to Article 19 No. 3 of the International Covenant on Civil
and Political Rights, could restrict it. Moreover, the measures must pursue a legitimate aim and
be necessary, appropriate and proportionate, i.e. the implementation of drones should follow a
proportionality test101.
In the same way the right of assembly is violated since the watched are also inhibited against the
possibility of being recorded and monitored by systems. Following the domino effect, this in turn
sets an affectation of other rights, because the restriction of freedom of assembly also affects
freedom of conscience, "if we have the freedom to associate with other citizens who think like
us, exercise freedom of conscience will be denied us"102. Consider, for example, who is monitored
in places of worship, trade union headquarters and political headquarters. The erosion of the
whole system of rights because of the constant monitoring of drones in public spaces is evident
when we understand that basic freedoms are interconnected with each other, these being
institutional conditions for the development of democracies.
Flagrant people’s rights affected by systems of video surveillance make it necessary to rethink
how regulatory systems are being developed for this class of devices in Latin America, and if these
regulatory frameworks oversee the promotion and respect of guarantees at stake.
6.1. Regulatory systems for drones in Latin America.
Despite the risks that drones mean for our population, legal regulations haven´t accompanied
neither its use nor its industrial development, being a tremendously permissive and lax regulation
in this regard. Likewise, weak regulatory environments in data protection and privacy in Latin
America have allowed, as already noted by The Economist, that there is widespread use of drones.
However, some countries in the region have tried to regulate civilian uses of drones with mixed
results.
To date, the main control over drones are provided by the various civil aviation departments of
the region. Transitory rules have been established for use and operation of the drones because it
is expected that by 2018, the International Civil Aviation Organization (ICAO) has available a policy
of international operation of the RPAs for consultation of States103.
Despite existing regulations regarding drones, this comes to meet technical requirements on the
airworthiness of drones, rather than regulating the human rights implications of their operation.

101
Garcia Ramirez, Sergio and Gonza, Alexandra. "Freedom of expression in the jurisprudence of the Inter-American Court
of Human Rights", 1st edition, Inter-American Court of Human Rights, Human Rights Commission of the Federal District , Mexico,
2007. p. 32 Available at: http://www.corteidh.or.cr/sitios/libros/todos/docs/libertad-expresion.pdf
102
Rawls, John. "Political Liberalism", Mexico DF, Fondo de Cultura Economica, 2006. p. 290.
103
DGAC, DAN 151, "Piloted Aircraft Operations (RPAS) in matters of public interest, made over populated areas", 2nd
edition, 2017. p. 1

 This is expected because these government agencies are mainly intended specifically to aviation
regulation of its skies. The countries of Peru, Brazil, Uruguay, Argentina, Mexico and Chile have
regulated the use of drones for purposes of operating safely and responsibly, but not taking into
account a holistic understanding of human rights potentially affected.
While it is true that in some of these policy documents there is a concern about the impact that
would have these devices in the privacy of citizens (cases of Argentina and Chile), such regulations
would not be in a language of protection of human rights, not understanding the panoptic and
post-panoptic logic described in this report. These documents oversee for the achievement of
safety aspects of drones, such as drive outside traffic areas, responsibility of operators, to
maintain eye contact with the drones, maximum height of movement, banned areas for its
operation (airports, heliports, etc.), among others.
However, only Argentina and Chile have had pronouncements from the perspective of privacy
and data protection for the use of drones. In Argentina the provision 20/2015 "Legality conditions
for the collection of personal data by UAVs or drones" of the National Data Protection Agency
(now Access to Public Information Agency), states that drones are "a serious risk to the privacy of
third parties104" and must not be considered as recreational use if the drones is used to collect
data. Likewise, third party consent for imaging (understood as personal information) is required,
and the drone must avoid collecting sensitive data revealing racial, ethnic, political origin, among
others, avoiding places of worship, demonstrations political or union105.
On the other hand, the Council for Transparency (CPLT) in Chile, the body responsible for the
access to public information in Chile and to ensure the enforcement of personal data in public
agencies, issued a document with recommendations, which has no mandatory nor less punitive
character106, regarding the imminent installation of drones and other surveillance devices by local
authorities. These recommendations considered among its reasons, the judgment of the Supreme
Court case against the Surveillance Balloons, noting that an expectation of privacy should not be
pursued in public spaces107. They noted that images should be captured only in public places or
private places open when there is persecution of an act constituting a flagrant offence, the images
must be destroyed within 30 days after they were recorded; guaranteed right of access and
cancellation of data, among other measures108. Likewise, the DGAC of Chile has understood the

104
National Directorate for Personal Data Protection, Provision 20/2015, "Legality conditions for collecting personal data
through UAVs or drones." p. 4 Available in: http://www.jus.gob.ar/media/2898655/disp_2015_20.pdf
105
Ibid. p. 1-4
106
The law prevents them from having such powers.
107
See above 5.3.
108
CPLT, "makes recommendations regarding the installation of video surveillance devices by the municipalities in
accordance with the provisions of Law 19,628 , " Office 2309, March 6, 2017. pp. 02.01 Available at:
http://www.consejotransparencia.cl/consejo/site/artic/20170313/asocfile/20170313115021/n__002309_seg__n_distribuci__n.pdf

 importance of ensuring privacy109, however they have explicitly stated that "considering the
massification of such operations is that the General Director of Civil Aviation has asked the Police,
by the communication (O) N ° 08/1/2/657/2238 dated April 5, 2017, the support in monitoring
operators and the operations they perform when circumstances permit, since the number of
inspectors available does not allow an audit to the universe of RPAS"110. There is simply no control
possible.
Thus, although the drones are an emerging technology in the region, there is no overall
understanding of the phenomenon of surveillance. Aeronautical agencies are not expected to
provide regulation beyond the technical and other standards. Indeed, it is only the law, enacted
through a democratic and deliberative procedure, which is responsible for establishing a
comprehensive regulation on the phenomenon behind the implementation of video surveillance
in general. While the technical aspects are important, the rules should consider the
proportionality of the measures used and adjust to the specific purposes that devices such as
surveillance drones are being used.
Then, to specify this regulation it is possible to establish specific regulations for each specific case.
This may fall perfectly into technical-legal bodies whose knowledge and skills refer precisely in
the way that it is possible to collect and process information from people, stuff of activity drones
in a respectful framework of fundamental guarantees. Data protection agencies through its
regulatory oversight and sanctioning powers, can understand the consequences of a massive
deployment of drones or other video surveillance devices, since an image can be personal data,
access and use must then carried out under a specific legal framework. Data authorities, in turn
have (or should have) the ability to discern between complex phenomena such as the
implementation of drones or other technologies.
Thus, it is necessary to carry out a real understanding of the implications that drones have: the
technical, legal, regulatory and finally what does it mean as a society the implementation of video
monitoring devices of such magnitude in the region.
In this regard, we believe that regulation of Argentina by its National Data Protection goes in the
right direction. Following European standards, government understands the sociological and legal
implications behind the implementation of drones, trying to protect privacy in the broadest
possible sense without inhibiting the realization of new businesses associated with data collection
by drones111.

109
DGAC, DAN 151, about 151,101 letter g) nº4 "a pilot distance during operation of an RPA may not: violate the rights of
others in your privacy and your privacy."
110
Request for access to information nº2606 to DGAC Chile, delivered by Damary Verdugo charge of OIRS, Directorate
General of Civil Aeronautics. Date 05.08.2017.
111
Available online [http://www.jus.gob.ar/media/2898655/disp_2015_20.pdf]

 7. Conclusions

This report shows that the drone industry is on the rise in all regions of the world, including Latin
America. Their numbers indicate that in the coming years, there will be an aggressive growth of
these devices in the region, led by the hand of industries such as construction, agriculture and
video surveillance. Despite the versatility of the industry, video surveillance is one of the most
promising areas for Latin America and the first traces are already being observed in countries like
Argentina, Brazil, Mexico and Chile. However, the industry has not yet boomed, and video
monitoring has wide room for growth and development in the region.
It appears that the drone’s industry intersects with the panopticon narrative of politicians
throughout the region. To the extent that there are authorities who seek to monitor a lot of
people through video cameras installed in drones to curb crime, we have a panoptic logic that
develops in the cities. It matters little that research declares that these measures do not affect
actual reduction in crime or that the main effect has to do with the movement of people
unwanted by the authority of certain public spaces: if there is an appearance that is fighting crime
with the highest technology, there will be companies willing to sell at a good price drones for
political authorities, following the upward business.
Likewise, the post-privacy speeches increase the numbers of the industry. The Chilean case shows
how local authorities, neighbors, media and judicial authorities do not understand the value of
privacy in a digital era. The report gave us the opportunity to experience through interviews who
transversely our society departs from privacy settings to favor speeches of public safety, despite
the detrimental effect to the rights of people, and despite the importance of privacy for
democracies; under the slogan "who does nothing, fears nothing", violations of privacy and other
human rights in pursuit of public safety are supported.
Thus, political speeches begin to set up the violation of human rights. The constant feeling of
being watched by drones involves inhibition of performing certain actions in public spaces as
artistic, dissident or political speeches, demonstrating that privacy functions as a shield for the
development of other human rights such as freedom of expression or freedom of meeting. This
has been confirmed by the European Court of Human Rights, the US Supreme Court and multiple
researchers in the academy: privacy is an essential condition for the development of other human
rights and their restriction not only affects privacy itself but the entire system of rights.
Despite the above, the main regulations in this regard in the region do not understand the
phenomenon of drones from a human rights perspective, but only consider their airworthiness
around safe airspace. Only Argentina has a regulation looking forward to protect privacy and
personal data due the existence of an agency of protection of personal data, from which
emanates a stronger support compared to other regional regulations.

 The report reveals the importance of embracing the phenomenon of surveillance drones from a
broader and comprehensive perspective, than simply the legal dimension, and that it is necessary
to consider various edges, which allow the existence of a robust regulation.
While technology is on the rise, sufficient regulation must address prevention of society instead
to move towards a surveillance State, as lowering rates low crime at any cost, slowly eroding the
trump cards that modern democracies have gained in recent decades.
Finally, to the extent that there is assurance the rights of individuals, surveillance measures will
be proportionate to the ends sought, in accordance with the standards of the rule of law.
Only a strong and robust state that understands the importance of privacy for human rights
system and democracies will face the populist speeches of politicians seeking to undermine
freedoms in the name of public safety; to the extent that the industry continues to grow and
continue to feed through these speeches, there should be greater efforts by activists and bodies
to demand that Latin American societies set standards for human rights. This will only be possible
if we understand against what phenomena we are in front of, being this work a humble way to
contribute.

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FOIA requests.
Nº2606 a DGAC Chile, Damary Verdugo chief OIRS,
Dirección General de Aeronáutica Civil. Fecha
08/05/2017..
Use

total dollar
amount

For functions of the Ministry of
$ 3.146
Housing and Urban Development
Details generation coastal basins
$ 2,049
of the Region of Valparaíso
Implementation
of
"Risk
Mitigation" program of the $ 4,537
Ministry of Interior
audiovisual work
$ 1,413
Communication and Hearing
$ 2,274
Education
$ 2,214

Total amount in Chilean
pesos

Region of Chile

applicant institution

$ 2,079,620

Metropolitan

Ministry of
urbanism

$ 1,354,217

Valparaiso

University of Playa Ancha

$ 2,998,900

Valparaiso

Provincial Government of San
2221-14-LE17
Felipe

$ 934,024
$ 1,503,327
$ 1,463,521

Metropolitan
Aysen
Coquimbo

$ 3,229,663

Metropolitan

$ 3,864,000

Metropolitan

$ 2,073,269
$ 3,565,211

O'Higgins
The rivers

$ 26,697

$ 17,646,894

Aysen

No information
$ 66,551
Control of regional investment
$ 1,955
projects and image capture
Security and vigilance
$ 7,815
Education and Research
$ 4,539
No information
$ 439
Capturing photos and videos in
high resolution, necessary for $ 2,750
scientific research
Press and Communication
$ 1,592

$ 43,990,040

The rivers

$ 1,292,101

Araucanía

$ 5,165,556
$ 3,000,000
$ 290.000

Metropolitan
Coquimbo
Metropolitan

$ 1,817,689

Metropolitan

$ 1,052,100

Valparaiso

Mining Inspection Service

$ 2,034,676

Metropolitan

Inspection and audit

$ 4,886

Program incentive program for
sustainable recovery of degraded $ 5,846
soils
Aquatic monitoring
$ 3,137
No information
$ 5,394
Soil inspections

$ 3,078

housing

Application number
and

587-47-L116
802021-5-L117

Ministry of Public Works
979-2-L117
Cochrane Township
3797-95-L116
Municipality of La Higuera 3749-7-L116
Superintendent
of
611669-17-LE16
Environment
Agriculture
Service

and

Livestock

612-56-L117

Director General of Water 897-6-L116
Forestry Institute
1733-24-L116
National
Fisheries
and
701-29-LE16
Aquaculture Service
Forestry Institute
1733-25-LE16
Regional Government of
722-6-L116
Araucanía
Municipality of Las Condes 2345-149-LE17
University of La Serena
5416-13-L116
Peñaflor Municipality
2731-285-L116
National Mining and Geology
1562-22-L116
Service
City of Long Street
4105-10-L116
National Mining and Geology
1562-100-L116
Service

 Press and Communication

$ 2,516

$ 1,662,857

Antofagasta

Mining Inspection Service

$ 5,587

$ 3,693,024

Metropolitan

Press and Communication
$ 2,054
Education
$ 7,564
audiovisual registration and
$ 1,193
registration
Monitoring and natural disaster
monitoring and behavior analysis $ 3,754
Crime
Security and vigilance
$ 34,036
Education and Research
$ 2,520
Monitoring and investigation of
$ 38,368
drug trafficking
Press and Communication
$ 2,941
No information
$ 1,495
Education and Research
$ 2,086
Press and Communication
$ 2,279
Press and Communication
$ 1,271
No information
$ 839
safer roads
$ 1,560

$ 1,357,617
$ 5,000,000

Maule
Antofagasta

Municipality of Antofagasta 2429-155-R116
National Mining and Geology
1562-115-L116
Service
Municipality of Constitution 2827-71-L117
University of Antofagasta
4291-104-LE16

$ 788,824.00

Araucanía

Municipality of Temuco

1658-885-L116

$ 2,481,377

O'Higgins

Cachapoal governorate

1535-8-L116

$ 22,498,000
$ 1,665,900

Metropolitan
Metropolitan

Municipality of Las Condes 2345-64-LE17
University of Santiago, Chile 564162-9-L116

$ 25,361,344

Metropolitan

Investigations Police of Chile 2981-114-LE116

$ 1,944,000
$ 988,235
$ 1,379,131
$ 1,506,679
$ 840,000
$ 554,538
$ 1,031,092

Research and imaging

$ 1,919,431

Valparaiso
Chilean Navy
Araucanía
City of Los Sauces
Antofagasta
University of Antofagasta
Metropolitan
Municipality of Las Condes
Maule
Muncipalidad Pelluhue
Magellan
University of Magallanes
Metropolitan
University of Maipú
Chilean
Antarctic
Chilean Antarctic Institute
Territory

$ 2,904

Technical studies to reduce the
risk areas on the surface of the $ 5.553
mine
Education and Research
$ 1,309
Civil protection
$ 5,976
Support
Unit
activities
Agricultural
and
Forest $ 1,677
Protection
Control of fishing regulations

$ 26,079

Verify and characterize levels of
compliance with the ban on the $ 3,921
use of wood heaters
No information
$ 3,802
No information
$ 1,669
No information

$ 8,234

No information
$ 1,965
Use for activities of the
$ 2,034
commune
Press and Communications
$ 439
Virtual reality project
$ 2,732
Press and Communications
$ 908
Capture images and videos
$ 18,710
(unspecified)
Press and Communications
$ 2.008

2945-44-R117
3705-14-L117
4291-92-L116
2345-432-L116
3231-150-L116
5382-22-L116
2583-604-L116
697-50-L116

$ 3,670,311

Mineros
Territory

National Joint Chiefs of Staff (Armed
2021-39-L116
Forces of Chile)

$ 865,210
$ 3,950,000

The lakes
The lakes

University of Los Lagos
Municipality of Quellón

2413-78-L117
2927-15-LE17

$ 1,108,235

Tarapaca

Agriculture
Service

5690-26-L116

$ 17,238,000

Valparaiso

National
Fisheries
Aquaculture Service

$ 2,592,000

Metropolitan

Superintendent
Environment

$ 2,512,871
$ 1,103,025

Araucanía
Araucanía

$ 5,442,530

Metropolitan

$ 1,298,908

Araucanía

University of La Frontera
5586-679-L116
University of La Frontera
5586-529-L117
Parque Metropolitano de
607-237-LE16
Santiago
University of La Frontera
5586-549-L116

$ 1,344,286

Metropolitan

Municipality Lampa

3877-37-L117

$ 290.000
$ 1,805,719
$ 600,000

Atacama
Magellan
The lakes

Ministry of Education
University of Magallanes
National Sports Institute

949-14-R116
5387-2-L117
934-45-L116

$ 12,367,497

Metropolitan

Ministry of Interior

4388-1-LE16

$ 1,327,479

Bio-Bio

Municipality of Laja

3734-76-L116

and

Livestock
and
of

701-13-LE16
608897-44-L117

  

Datos
Protegidos