Being Watched: Recreational Drones and your Privacy

You may be surprised by the Federal Aviation Administration’s (FAA) rules for recreational drones over private property.  The surprise is that they don’t have any rules for those scenarios. They do require registration of the drone and have some restrictions on flying near airports, over sporting events and after dark. But from a privacy perspective, they stay quiet. As a result, in most jurisdictions, individuals with a drone can video you on your private property with very little risk of penalty.

A man in Kentucky was charged for shooting down a drone hovering in his backyard where his teenager daughter was sunbathing.  The judge dismissed the charges, saying he had a right to privacy on his property. Few others who have shot down drones fared as well, with many being convicted of various crimes. So taking matters into your own hands doesn’t seem to tbe the solution.  But what can you do?

Drones and Criminal Activity

Drones are often small and go unnoticed when flying at a certain height.  There is also a perception by many that they are a toy or hobby and so are not overly scrutinized.  But drones have been used for very serious crimes.  There have been several reported cases of drugs being attempted to be smuggled over the southern border of the United States using drones.  Contraband has also been dropped over prison walls to the inmates inside using drones. And many worry that a drone could be used to case a residence.  They can watch the house to see what hours the owners are gone.  And they can video through the windows so the thief knows the layout of the house and where valuables might be.

Texas House Bill 912

In 2013, the Texas legistlature passed a bill that made it a criminal act to use an unmanned aircraft to capture an image of an individual or privately owned real property with the intent to conduct surveillance on the individual or property.  Possessing images captured ilegally as described above is also a crime.  The law allows for civil penalties against the person using the unmanned aircraft for surveillance.  However, what  if someone accidentally captured footage of private property or a person in their backyard? If they are in compliance with all other regulations, they simply delete the images.  As long as they did not disclose it to anyone or share it, they are not in violation.

What to Watch for

Most instances of drones flying overhead are the neighborhood kids or maybe a local enthusiast.  But look for these red flags to identify potential criminal intentions.

• Drones on your property at night should be reported immediately. This in and of itself is against FAA regulations. But it would be hard to think of any innocent reason someone would be flying their drone on your property in the dark.
• Drones hovering close to the ground or near your windows should be addressed right away as well.
• The pilot is required to be within line of sight of their drone.  If you don’t see the operator, sound the alarm. While they may have just lost their unmanned aircraft, you don’t need it crash landing on your property.
• An unmanned aircraft that seems to be hovering over children at play or sunbathers like the Kentucky scenario should be redirected elsewhere quickly.

What to do if You’re Being Watched

What do you do if an unwanted drone is on or near your property?  First and foremost, do not damage the aircraft in any way. For the most part, the law is in the pilot’s favor.  Even if they are in violation, you are also in the wrong by destroying or damaging it.

If the drone belongs to a neighbor, have a conversation with them.  Let them know you are uncomfortable with them flying to over your property and describe the sepcific instances that were troubling.  Ask them to please enjoy the aircraft elsewhere.  If they refuse, you can call the police, but remember that the law is limited on what is actually a criminal act.

For drones you encounter at night, that seem to be watching your house or children or are looking inside your windows, definitely file a police report.  If you are able, get a description of the pilot and their vehicle to provide to the police. Also, share the information with your neighbors so they can be diligent as well.

Image by Paul Henri Degrande from Pixabay