{"id":615,"date":"2019-11-03T16:20:35","date_gmt":"2019-11-03T16:20:35","guid":{"rendered":"https:\/\/www.dronesvilla.com\/?p=615"},"modified":"2021-12-08T16:09:32","modified_gmt":"2021-12-08T16:09:32","slug":"drones-and-privacy","status":"publish","type":"post","link":"https:\/\/www.dronesvilla.com\/drones-and-privacy\/","title":{"rendered":"Drones and Privacy: What You Need to Know"},"content":{"rendered":"\n
\"\"\/<\/figure><\/div>\n\n\n\n

As drones become more affordable, you can expect to see them more often \u2014 zipping across the skyline in your neighborhood or maybe even over your house.<\/p>\n\n\n\n

Given the many opportunities that come with drones for various different uses and industries, they’re exciting a lot of people. But what would you think if a drone appeared at the window when you were taking a bath?<\/p>\n\n\n\n

What would be your reaction if you noticed a drone camera pointed your way while you did something else private within the confines of your own home?<\/p>\n\n\n\n

Most likely you would not be pleased \u2014 and nobody would blame you for feeling that way.<\/p>\n\n\n\n

Although these are extreme examples, drone pilots have to keep these facts in mind when flying a UAV<\/a>.<\/p>\n\n\n\n

Drone regulations stipulate that it is your responsibility to find out where the lines exist and ensure that you stay on the right side of the law<\/a>. <\/p>\n\n\n\n

So we created this little guide to help you do that. We\ndon\u2019t want you unintentionally getting on the wrong side of the law while doing\nsomething you love.<\/p>\n\n\n\n

Are Drones an\nInvasion of Privacy?<\/strong><\/h3>\n\n\n\n

Many people raise privacy concerns when the topic of drones is brought up because the majority of drones are fitted with high-definition cameras.<\/p>\n\n\n\n

These cameras have opened up new possibilities in various\nindustries like film production, search and rescue, as well as security. But\nthey remain a cause for worry for people who worry about the cameras pointing\nat the wrong direction.<\/p>\n\n\n\n

In July 2015, the state of Kentucky woke up to an unusual case involving a drone.<\/p>\n\n\n\n

A man named William Meredith had seen a drone flying over\nhis home. Most people would have shrugged and made a decision to bear the\nannoying sound while the drone remained in the vicinity.<\/p>\n\n\n\n

But Meredith was not most people.<\/p>\n\n\n\n

He suspected the drone was spying<\/a> on his 16-year-old daughter who was sun bathing in the garden.<\/p>\n\n\n\n

So he reached for his shotgun and shot the UAV out of the sky<\/a>.<\/p>\n\n\n\n

Although Meredith was arrested and charged with endangerment, he was later declared innocent of all charges. The judge declared that two human witnesses saw the drone below the tree line, and that was enough evidence to suggest the drone had invaded Meredith\u2019s property.<\/p>\n\n\n\n

This story is not an example of how you should react to a neighbor who disturbs your quiet enjoyment with their drone \u2014 an email or a phone call would probably be better, especially as the laws regarding shooting down drones<\/a> are far from clear.<\/p>\n\n\n\n

But it does highlight the sentiments that some people hold against drones.<\/p>\n\n\n\n

And this sentiment extends to drones controlled by government entities as well, like the police.<\/p>\n\n\n\n

Drone Privacy & Police: What Studies Say<\/h3>\n\n\n\n
\"\"<\/figure>\n\n\n\n

Two separate studies carried out by a group of researchers at the College of Aviation at Embry-Riddle Aeronautical University (ERAU) looked into public perceptions of drones and privacy<\/a>.<\/p>\n\n\n\n

The first group\u2019s study examined public privacy concerns\nabout the use of drones by the police.<\/p>\n\n\n\n

They made the case for the advantages of drones over helicopters for police work. Drones are cheap and accessible to many users. They can also easily blanket an entire city and are also much quieter than helicopters.<\/p>\n\n\n\n

And yet, even after insisting that they understood the\nadvantages, participants wanted to make sure that the technology would be well\nregulated.<\/p>\n\n\n\n

Privacy concerns among participants were lower when they\nwere told the police would use the drones for specific missions only rather\nthan on a continuous basis.<\/p>\n\n\n\n

Participants were only comfortable with the police use of drones if they were assured that they would only be used in response to a credible event. Anything other than that was roundly criticized. Flying drones all day over neighborhoods was not okay; it generated fear of the police.<\/p>\n\n\n\n

The second study, which included 1047 participants, looked\nat privacy concerns based on who was flying the drones.<\/p>\n\n\n\n

Participants in the study revealed that they were less concerned about recreational drone pilots and real estate companies using drones for business. <\/p>\n\n\n\n

Most of their concern was reserved for government, military, and law enforcement using drones among the civilian population.<\/p>\n\n\n\n

Bear in mind that the fear of one group over another did not\nexonerate any group. <\/p>\n\n\n\n

The study revealed that no single group got a free pass, and \u2014 generally \u2014 people did get worried about privacy where drones were concerned. <\/p>\n\n\n\n

Members of the public are not particularly in favor of any\nunmanned aerial devices flying over their homes and land.<\/p>\n\n\n\n

People do not like to be watched. They don\u2019t appreciate being watched in secret from the sky either, and any drone pilot should keep that in mind when operating their aircraft.<\/p>\n\n\n\n

What Are the Privacy\nLaws When Flying A Drone?<\/strong><\/h3>\n\n\n\n

Answering a question concerning drone privacy infringement\nwould have been easy in the days before aircrafts and underground cables spread\nworldwide.<\/p>\n\n\n\n

In the old days of British Common Law, courts would have referenced the old idea of \u201cad coelom et ad infernos\u201d<\/em>, which literally means \u201cto the heavens and to hell\u201d. What that meant for property owners had control over everything above their property and everything beneath it.<\/p>\n\n\n\n

Accusing a drone user of trespassing or disturbing the peace\nwould have been a clear cut case, one easily decided.<\/p>\n\n\n\n

However, this idea has mostly been cast away from American courts today with the advent of aircrafts and underground electrical pipes.<\/p>\n\n\n\n

Today, drone laws and regulations are yet to meet the pace of the rapidly advancing drone technology. The Federal Aviation Administration has passed some regulations to minimize the risks of drones harming people and objects on the ground and in the air. But a lot remains to be done in order to fully address the concerns of the public concerning drones and privacy.<\/p>\n\n\n\n

The Federal Aviation Administration has passed some regulations to minimize the risks of drones harming property and people on the ground and in the air. But a lot remains to be done in order to fully address the concerns of the public concerning drones and privacy.<\/p>\n\n\n\n

The rules of the FAA largely omit recreational drones, in\nany case.<\/p>\n\n\n\n

Some states have already rolled out laws addressing the issue and passing their own laws on drones and privacy. <\/p>\n\n\n\n

For example, the Florida, under Criminal Code Section 934.50<\/a> prohibits drone pilots from using drones for spying and disturbing another person\u2019s legitimate privacy.<\/p>\n\n\n\n

In Arkansas, under AR Code Section 5-60-103, drone users are prohibited from recording another person without consent. This law is one that we believe drone pilots should consider all around the world \u2014 you shouldn’t record someone without their permission, period.<\/p>\n\n\n\n

If you ever want to fly over someone’s property, you should always ask for their permission first.<\/p>\n\n\n\n

Privacy laws for drones vary throughout the world and it’s hard to summarize them all in a single blog post. That said, SurfShark put together a good guide<\/a> that breaks down the rules by each country. <\/p>\n\n\n\n

Does This Only Apply\nto Drones With Cameras?<\/strong><\/h3>\n\n\n\n

You might be tempted to think you just have to take out your\ncamera or disable in order to be free of trouble while flying your drone.<\/p>\n\n\n\n

But that is not exactly true.<\/em><\/p>\n\n\n\n

If you happen to be flying over privately owned land that\ndoes not belong to you, you could still be charged with some privacy related\noffences.<\/p>\n\n\n\n

The first of these has to do with being a private nuisance.<\/p>\n\n\n\n

In this case, the owner of the private space you are flying\nover could claim the noise from your drone caused by the engine or the blades\nconstitutes a nuisance. They could accuse you of disrupting their quiet\nenjoyment of their property.<\/p>\n\n\n\n

The second charge that can be brought against you has to do\nwith trespassing.<\/p>\n\n\n\n

Remember the principle of \u201cto the heavens and to hell\u201d? Well, it wasn\u2019t completely banished to the cold corridors of history. You can still be charged with trespass for flying over someone else’s yard.<\/p>\n\n\n\n

People no longer own all rights to the airspace above them but they do retain rights over the airspace that is sufficiently close enough to their roofs.<\/p>\n\n\n\n

There is no single accepted answer to the question on how close your drone has to be to make you culpable. Drone laws vary from state to state and country to country. <\/p>\n\n\n\n

You will have to do your own research to find out the laws that hold for the area you plan to fly in.<\/p>\n\n\n\n

How to Avoid Privacy\nIssues and Complaints<\/strong><\/h3>\n\n\n\n

Generally, you can avoid privacy issues and complaints by\nflying in a space you own, or a public area that has no crowds like out in nature\nsomewhere.<\/p>\n\n\n\n

But what if you have don\u2019t have access to either of these\nthings?<\/p>\n\n\n\n

Here are a few rules you can live by to reduce the risk of\ninfringing on another\u2019s privacy while flying your drone:<\/p>\n\n\n\n

Be Accountable<\/strong><\/h4>\n\n\n\n

When you are in command of your drone \u2014 flying it \u2014 you are a pilot. Assume you are responsible for any and every piece of information collected by your drone.<\/p>\n\n\n\n

Limit Collection <\/strong><\/h4>\n\n\n\n

Make the extra effort to avoid capturing information you don\u2019t need. If you happen to capture personal information with your drone camera, acquired without consent, you can make it anonymous. You could blur faces and license plates, for example.<\/p>\n\n\n\n

Ask for Permission<\/strong><\/h4>\n\n\n\n

Sometimes, because of what you intend to do, you just know there is no way around capturing personal information with your drone. For example, you could be recording the faces of thousands of people in a crowd at an event. <\/p>\n\n\n\n

In that case, you should take reasonable action to obtain consent from all those who will be affected, and blur the faces of anyone that requests to be removed from your final video.<\/p>\n\n\n\n

Store Information\nSecurely<\/strong><\/h4>\n\n\n\n

Save yourself from trouble by adequately protecting the\npersonal information which you gather with your drone. Take reasonable steps to\nensure that nobody else has access to the information.<\/p>\n\n\n\n

Be Open and Responsive<\/strong><\/h4>\n\n\n\n

If someone complains to you about your drone infringing on\ntheir privacy, you should respond respectfully and with courtesy.<\/p>\n\n\n\n

Is It Different For Commercial\nProjects?<\/strong><\/h3>\n\n\n\n
\"\"<\/figure>\n\n\n\n

Drone privacy regulations are usually stricter for business users than they are for recreational flyers. <\/p>\n\n\n\n

Before embarking on any business venture which would involve drones, you’ll want to get informed on regulations before moving forward.<\/p>\n\n\n\n

Businesses want to weigh several factors that might be at\nstake like:<\/p>\n\n\n\n