Drones and Privacy: What Are Your Rights?
As technology has improved, unmanned aircraft systems, known as drones, seem to be everywhere lately.
Regulations and Exemptions
The federal government, via the Federal Aviation Administration, most state governments, and many localities have enacted regulations to ensure public safety and privacy.
Hobbyists flying smaller models for non-commercial purposes are exempt from some rules and do not need to register their machines. However, larger drones or ones used for business must register with the FAA, and everyone must follow certain rules about their use. For example, there are speed and height restrictions, as well as certain locations that must be avoided, such as stadiums and airports.
Privacy Concerns
Because most drones have cameras, privacy is a concern. While the law differs from place to place, the general rule is that drone operators must respect people’s privacy.
People have a reasonable expectation of privacy if they are not observable by someone at ground level, where the viewer has a legal right to be, regardless of whether they can be observed from the air. This means that if a drone is peeking in a window or over a fence to see something they could not have viewed standing in the street, it violates that person’s privacy rights.
What Can Be Done?
Like with most problems, the first step is politely but firmly asking the offender to stop. If this does not work and you live in a community association, speak with the property manager.
Many localities have rules against this behavior based on nuisance and harassment principles and may be able to step in.
If the person is peeking in windows, the police might also be able to help, treating the offender like any other “Peeping Tom,” albeit one with better equipment.
Finally, depending on the offending behavior, you might be able to sue the drone operator, seeking an injunction and damages for the invasion of privacy.
Conclusion
In conclusion, while drones can be a fun and exciting technology, it is important to respect people’s privacy. By understanding the regulations and taking steps to address any issues, you can help maintain a safe and respectful environment for everyone.
FAQs
Q: Do I need to register my drone?
A: If you are flying a larger drone or one used for business, you must register with the FAA. Hobbyists flying smaller models for non-commercial purposes are exempt from this requirement.
Q: Can I fly my drone near people’s houses?
A: It is generally not a good idea to fly your drone near people’s houses, especially at night or at high altitudes. This can be considered an invasion of privacy and may violate local regulations.
Q: What can I do if someone is flying a drone near my house and invading my privacy?
A: You can try politely but firmly asking the offender to stop. If this does not work, you can speak with your community association or local authorities for assistance.
Q: Can I sue someone for flying a drone near my house and invading my privacy?
A: Yes, you may be able to sue the drone operator, seeking an injunction and damages for the invasion of privacy. However, this should be a last resort and only considered after other avenues have been exhausted.
