A drone keeps spying on me in my garden. Can I shoot him?
Someone from my neighborhood is bothering me in my yard with a drone, and I want to know what I can do about it.
Since it’s getting warmer, I’ve been spending more time in my garden, including sunbathing.
I have noticed that there is often a small drone hovering right above my yard.
I believe there is a camera on it and the owner of the drone wants to film me.
How do I solve this problem, please – surely it can’t be legal to spy on a woman sunbathing and harass her like this. I’m tempted to buy an air rifle and take matters into my own hands.
Eye in the sky: drones are becoming increasingly popular, but also raise privacy concerns
Sam Barker from This is Money responds: There are now over 500,000 registered drones in the UK. While flying a drone can be a fun and legitimate pastime, unfortunately some operators are using them in illegal and irresponsible ways.
In your case, if someone is using a drone to do something illegal – be a voyeur or invade your privacy – then you can do something.
But if the drone is just a nuisance, while this is a terrible situation and I share your anger, I regret to say that you may have very few effective ways to stop the problem.
First, let’s discuss what you absolutely should not do.
It may seem tempting to shoot the drone with an air rifle, but this is not the best approach and could get you into trouble.
It is illegal to damage someone else’s property. A drone is also an aircraft and is regulated by the Civil Aviation Authority (CAA), which says it is also illegal to recklessly or negligently endanger an aircraft.
In addition, there is a chance that you may miss when trying to shoot a drone and accidentally injure people, animals or property with a stray bullet.
It is also illegal to fire an air rifle pellet outside the boundaries of your property unless you have permission to do so. It is also illegal to fire an air rifle within 15 metres of the centre of a road if you endanger, injure or interrupt someone, which can easily happen.
Now that we’ve covered what you can’t do, let’s look at what action you can legally take against drones over your property.
If you suspect the drone pilot is a peeping Tom, inform the police by calling 101. Voyeurism is a sexual offence and the drone owner could face a prison sentence if caught.
View from above: Drone operators who take videos or photos may be breaking several laws
If the drone operator does not take spontaneous photos or videos, but does film you, he or she may still be violating privacy laws.
The CAA code for drones and model aircraft states: ‘If your drone or model aircraft is equipped with a camera or listening device, you must respect the privacy of other people when using it.
“If you use these devices where people have an expectation of privacy, such as in their home or garden, you are likely to be in breach of data protection law.”
Additionally, if the drone takes photos of you or your property, the General Data Protection Regulation (GDPR) comes into effect, the CAA says.
The GDPR rules mean that anyone using a drone to film or take photos somewhere that people expect to be private must first get permission and do so for a decent legal reason.
Obviously, snooping or voyeurism are not good reasons, so the drone operator could be breaking the law here too.
If the drone operator is being annoying but not actually taking photos or videos, then your rights are unfortunately diminished. This is an area where I think drones need stricter regulation.
There is nothing stopping someone from flying a drone over your house or garden, but there are rules they must follow.
The laws surrounding who owns the air above your home are complex, but they boil down to this: You don’t own the air, but you do have the right to reasonable enjoyment of your property.
Drones heavier than 250 grams must fly at a distance of at least 50 meters from people. Drones that are lighter are allowed to fly closer, but are not allowed to fly over crowds.
A small, lightweight drone therefore has more rights to fly over your property in an annoying way, especially if it is not filming.
The big question is: if the person flying this drone commits an offense, how on earth will you or the police find out who he or she is?
The police have their methods. I don’t know how, but they are successfully catching illegal drone operators.
But you may be able to find out the operator’s identity by simply looking around.
Under CAA guidelines, drone pilots must keep their aircraft in sight at all times, or have someone nearby to assist them.
In addition, many drones, especially the cheaper variants, have a very short range.
If you look at this drone from the second floor window, you might see someone operating it.
You can also see who owns the drone by following it as it leaves your yard. It may then fly right back to the operator.
If you think you have found the perpetrator, be careful and do not confront him or her yourself. You can also call the police on 101 and report it.
Drones equipped with cameras, or any drone weighing more than 250 grams, are intended to be registered with the CAA and display an identification code – a bit like a car license plate.
The obvious problem here is that it’s going to be nearly impossible to track down that registration number on any drone, especially if it’s a small drone flying.
If you have a good camera, you may be able to take a picture of the drone’s registration 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 available for free on websites such as Amazon and eBay – some for less than £10. These don’t need to be registered, so the pesky gadget above your garden may have no identification number at all.
I hope you get justice and can enjoy your garden without further harassment.
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