Civilian Drone Use Demands Respect of Privacy

2015-FAA-193_UAS_Toolkit_sd01_Stack_FAA_4CPrivacy First!

At first, it seemed that drones would allow anyone to look in on your back yard, without your permission.  Florida was 1st in the Nation to enact Drone Regulations to address this erosion of privacy that Civilian Drones were causing.

F.S. 934.50 regulates the use of drones in Searches and Seizure, (e.g. Law Enforcement Use), and was enacted in 2013.  Senate Bill 766 evolved in 2015, which amended Chapter 934.50 to now include any person, agency or political subdivision form conducting unwarranted surveillance on any person, tenant, guest, etc. who enjoyed a reasonable expectation of privacy.   The senate also included provisions giving the plaintiff in any civil proceeding the right to recover damages.

“A person, a state agency, or a political subdivision as defined in s. 11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person’s reasonable expectation of privacy without his or her written consent. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone.”

If you are in a public place, however, you don’t get an expectation of privacy; anyone can record your actions if they abide by the law.  In addition, the News and Media have lobbied heavily to have the same rights when using aerial drones, that they enjoy in hiring a helicopter or manned airplane to get an aerial view…

Drone Crowd

Then you have Municipalities that enact their own rules of etiquette such as the Town of Palm Beach, who recently proposed and approved rules, and a permitting process for flying over the Island of Palm Beach.  Click here to read the Palm Beach Regulations as proposed to the Council on May 10, 2016.  Now you must apply 30 days in advance to fly a drone commercially in the Town to make a video like this one

A consortium of Small UAS Manufacturers, Government and Industry partners have forged a set of guidelines that are suggested for “Best Practices” which can be viewed by Clicking Here.  It  basically suggests that in order to preserve our privilege to fly in the airspace, people should self govern, and respect the privacy of others.  It suggests, among other “Social Mores, that you should have a persons permission to record them from an aerial perspective.

GavelTrust Palm Beach Drone to help you navigate your use of drones for any commercial venture or project.  We offer the experience and connections to get the project moving swiftly, and on a strong legal footing.  Call us today at 561-389-1490 to get started.

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