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Someone in my neighborhood is harassing me in my yard using a drone and I want to know what to do about it.
Since it started getting warmer, I have spent more time in my garden, even sunbathing.
I have noticed that a small drone often flies directly over my garden.
I think there must be a camera installed and the owner of the drone is trying to get footage of me.
How do I solve this problem please? Surely it can’t be legal to spy on a woman sunbathing and harass her in this way. I’m tempted to buy a BB gun and take matters into my own hands.
Eye to the sky: Drones are becoming more popular, but they come with some privacy concerns
This is Money’s Sam Barker responds: There are currently over 500,000 drones registered in Britain. While flying a drone can be fun and a legitimate hobby, unfortunately some operators use them illegally and irresponsibly.
In your case, if someone is using a drone to do something illegal (be a voyeur or invade your privacy), then there is something you can do.
But if the drone is simply annoying, although it is a terrible situation and I share your anger, I am sorry to say that you may have very few effective ways to stop the problem.
First, let’s discuss what you absolutely can’t do.
Shooting the drone with an air gun may seem tempting, but it is not the best method of action and could get you into trouble.
It is illegal to damage another person’s property. Additionally, a drone is an aircraft and is regulated by the Civil Aviation Authority (CAA), which says it is also illegal to recklessly or negligently endanger an aircraft.
Additionally, if you try to shoot a drone, there is a chance that you may miss and accidentally damage people, animals, or property with a stray pellet.
It is also illegal to shoot airgun pellets outside the boundaries of your property unless you have a permit. It is also illegal to shoot an airgun within 50 feet of the center of a road if it means endangering, harming or disrupting someone, which could easily happen.
Now that we’ve covered what you can’t do, let’s consider what actions you can legally take regarding drones over your property.
If you think the drone pilot is being a voyeur, report it to the police by calling 101. Voyeurism is a sexual offence and the drone owner could face prison if caught.
View from above: Drone operators taking videos or photos may be breaking multiple laws
If the drone operator isn’t taking candid photos or videos, but is filming you, they could still be violating privacy laws.
The CAA Drone and Model Aircraft code says: ‘If your drone or model aircraft is fitted with a camera or listening device, you must respect the privacy of other people whenever you use them.
“If you use these devices where people might expect privacy, such as inside your home or garden, you are likely to be in breach of data protection laws.”
Additionally, if the drone takes photos of you or your property, then the General Data Protection Regulation (GDPR) comes into effect, the CAA says.
GDPR rules mean that anyone using a drone to film or take photos somewhere people expect to be private needs to get your consent first and do so for a decent legal reason.
Clearly spying or being a voyeur do not count as good reasons, so the drone operator could also be breaking the law in this case.
If the drone operator is disruptive but does not take photos or videos, your rights are unfortunately reduced. This is an area where I think drones need stricter regulation.
There’s nothing stopping someone from flying a drone over your home or garden, but there are rules they must follow.
The laws about who owns the air above your home are complex, but they boil down to this: You don’t own this air, but you do have the right to reasonable enjoyment of your property.
Drones weighing more than 250 grams must fly at least 50 meters away from people, but those weighing less can fly closer, although they cannot fly over crowds.
So a small, lightweight drone has more right to fly annoyingly over your property, especially if it’s not filming.
The big question is: if the person flying this drone is committing some kind of crime, how can you or the police know who they are?
The police have their methods. I have no idea how, but they manage to catch illegal drone operators.
But you may be able to figure out the operator’s identity just by looking around.
CAA guidelines state that drone pilots must keep their devices in sight at all times or have someone nearby to help them do so.
Additionally, many drones have a very short range, especially the cheaper ones.
If you look out the second floor window when you see this drone, you might be able to see someone operating it.
You can also see who owns the drone by tracking it when it leaves your yard, as it can return directly to the operator.
If you think you have discovered the culprit, be careful not to confront them yourself or call the police on 101 and report it.
Drones that are equipped with cameras, or any drone weighing more than 250g, must be registered with the CAA and display an identification code, a bit like a car number plate.
The obvious problem here is that it will be nearly impossible to get that registration number on any drone, especially a small one in flight.
If you have a good camera, you may be able to get a photo of the drone’s license plate number.
An additional obvious loophole is that the above registration rule does not apply if the drone is sold as a toy.
Toy drones with HD cameras are freely available on websites such as Amazon and eBay, some for less than £10. They don’t need to be registered, so the pesky gadget sitting in your garden may not have an identification number at all.
I hope you can get justice and enjoy your garden without further harassment.
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