Flying a drone over someone else’s property – is it legal or prohibited? Check what the law says in Poland and the EU, where the operator’s freedom ends and the privacy of others begins. Avoid trouble and fly according to the regulations.
Drone and privacy – can you fly over someone else’s private area?
Drones – some treat them as a great toy, others as a work tool, and others … as a threat to privacy. Imagine that you are sitting calmly in the garden, and a small, buzzing intruder with a camera suddenly hangs above your head. Sounds like a YouTube scene from Prak, but in fact it is apparently a more frequent problem. With the growing popularity of drones, the question arises – can they fly over someone else’s property? Does the owner of the plot have the right to chase away such a “guest” and maybe even neutralize him?
In this article we will dispel these doubts. We will check what the legal situation in Poland and Europe looks like, whether pilots and drone operators have full freedom, as well as what consequences threaten to not comply with the rules.
Drones and the law – what is allowed and what not?
Only a few years ago, drones were quite chaotic and ambiguous. However, with the development of technology and the increase in the number of users, the European Union has introduced more coherent regulations. Currently, in Poland and the entire EU, the executive regulation of the Commission (EU) 2019/947 is in force, which clearly sets out the rules for using unmanned aerial vehicles.
The basic rule is: Flying a drone over someone else’s property without the consent of the owner may violate the right to privacy and protection of personal data. What’s more, if the drone has a camera installed and records the image, additional provisions related to the GDPR come.
Is the airspace above the plot also private?
This is quite a slippery topic. In Poland, there is no clear regulation that says to what amount the property owner “has” airspace above his area. However, court interpretations indicate that a private airspace covers the height at which the object (e.g. drone) can realistically disturb the peace of the owner of the property. In practice, this means that a low-flying drone (e.g. below 30-50 meters) can be considered a violation of privacy. But if it flies high, in the aircraft, which is influenced by the general aerial regulations – the matter is less obvious.
When is flying over someone else’s plot allowed?
The flight over someone’s area is not always prohibited. There are situations where you can do it legally, e.g.
- You have the consent of the owner of the property. Consent may be oral, although it is better to have it in writing.
- You fly in the “open” category and do not register the image. If your drone weighs less than 250 GI has no camera, it is not under the GDPR, and its flight above the property is more difficult to question.
- Flights for public purposes. Emergency services, construction inspections or state organs can use drones in their work.
- You have special permissions and you perform a flight in accordance with the regulations. Professional operators can obtain permission to flights as part of the registered activities.
Consequences of privacy violation
If someone feels uncomfortable through the drone over their plot, they can take action. The property owner has the right:
- Call the police. Flying in a burdensome way for other people can be treated as disturbing peace or even stalking.
- Report the case to ULC. The Civil Aviation Authority may punish the operator for flights inconsistent with the regulations.
- Refer the case to court. If the drone recorded without consent, the property owner may sue the pilot for violating the privacy and protection of personal data.
Penalties can be painful – from several thousand zlotys a fine to more serious legal consequences if the recordings are used in the wrong way.
Can you “shoot down” someone else’s drone?
Many people come to mind a simple solution straight from the Wild West. Unfortunately, an attempt to destroy “Intruda” is not the best idea. Shooting down a drone, or shattering with a stone even if it violates your privacy, may be considered as destroying someone else’s propertywhich threatens legal consequences. The only exceptions relate to situations in which the drone is a real threat to safety – e.g. it flies near the airport or interferes with the operation of emergency services. Then reporting to the police or ULC is the best solution.
Flying a drone over someone else’s property is a topic that is not 100% unambiguous. In Poland and the EU, however, the recipes are more and more precise – if you want to fly, it is worth knowing them to avoid problems. Key rule? Do not fly low over someone else’s area without permission and do not record without permission. Otherwise, you can end up with a mandate or case in court.
If you have a drone, fly responsibly – the hobby is to finally give fun and not cause neighborly conflicts!
