Real estate Q&A: Our neighbor flies drones near houses. What are our privacy rights?

Gary M. Singer, South Florida Sun Sentinel on Dec 19, 2024

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Q: Our neighborhood has a few recreationalists who like to fly drones. One likes to fly near people’s houses at night — sometimes at altitude levels even with the home’s windows. We all know that drones are equipped with cameras. It can’t be right to allow such invasions of privacy. What are our rights, and what can be done? — Alan

A: As technology has improved, unmanned aircraft systems, known as drones, seem to be everywhere lately.

As often happens with new technologies, lawmakers have been trying to catch up and balance the rights of drone operators with the rest of the public. 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.

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.

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.