Privacy protections for drone surveillance over private property come from both federal law and a growing body of state law. The legal landscape is still developing, but several clear rules apply.
FAA airspace jurisdiction
The FAA regulates airspace, not privacy. Flying a drone legally (at proper altitude, with registration, following Part 107 or recreational rules) is permissible under FAA rules regardless of what is below. The FAA does not evaluate privacy implications of individual flights.
State drone privacy laws
More than 30 states have enacted drone-specific privacy laws. Common provisions include:
- Prohibiting drone surveillance of private property without consent
- Creating civil liability for capturing images of people in areas where they have a reasonable expectation of privacy
- Prohibiting persistent hovering over private property with intent to surveil
- Restrictions on law enforcement drone use without warrants in some states
State laws vary significantly. Some states have strong protections; others have minimal drone-specific legislation. The National Conference of State Legislatures maintains a current summary of state drone laws at ncsl.org.
Voyeurism and peeping tom laws
In all 50 states, using any device (including a drone) to capture images of people in places where they have a reasonable expectation of privacy without consent is a criminal offense under voyeurism or peeping tom statutes. A person in their bedroom or bathroom has a clear expectation of privacy regardless of whether a window is technically visible from outside. These laws apply to drone operators.
Fourth Amendment and law enforcement
The Supreme Court's 2018 Carpenter decision raised questions about warrantless aerial surveillance. Law enforcement drone use is regulated differently than civilian use, and several states have enacted specific warrant requirements for police drone surveillance. For civilian drones, the relevant laws are voyeurism, trespassing (for landing on private property), and applicable state privacy statutes.
Warning: Using a drone to intentionally observe or photograph people in their homes, yards, or other private areas without consent can result in criminal charges under voyeurism or harassment statutes, civil lawsuits for privacy violations, and FAA enforcement if the flight itself violated regulations. The fact that you can see something from a drone does not make capturing or sharing it legal.