Â鶹´«Ã½Ó³»­

Reader Question: My neighbour has a drone that he often uses in his garden and it frequently flies over our land too. I am worried he may be filming us. Surely this is illegal?

The first thing to note is that your neighbour may already be breaking rules simply by using the drone above your garden. 

Drone usage in France is managed by the civil aviation authority (Direction générale de l'Aviation civile, DGAC) and under strict regulation, partly due to the potential danger of collision with planes. 

Check the to see whether you are in a zone where any use of such equipment is banned, which is all the areas in red, or otherwise click on the right-hand side for the légende (key), to read the meaning of other shades, such as maximum permitted heights. 

Flying drones over public spaces in built-up areas (ie. anywhere between the entry and exit signs to a town or village), including over parks, squares and roads, is also legally banned.

The official map also states that in general you must respect people’s property and private-life rights and should therefore ask permission to fly over their homes, which would include their private gardens. This is especially so, if the drone is in any way equipped to record.

HAAS avocats, a group of lawyers specialised in new technologies, states that the notion of 'infringing people's property rights' by flying a drone over them is not clearly defined in law, but "we may reasonably presume that flying over on a regular basis, hovering over for long periods, or creating a noise nuisance, could be seen as such an infringement".

Other rules on drone use restrict their use for flying above people, in case of injury if control is lost, and another rule requires drone users to keep the drones in sight. 

Regarding flying over people (other than large gatherings) there is a weighing less than 250g (or in some cases under 900g if the operator has had training).

So, if you did not provide your neighbour with explicit permission to fly the drone above your garden, it is likely they are legally in the wrong.

Ask pilot to stop

If you are on friendly terms with your neighbour, you can simply ask them politely to stop.

A hobby growing in popularity, drone clubs are common across France and help members fly their drones in authorised places – perhaps you can point your neighbour towards these.

If they are less responsive, you can write them a letter (ideally registered post with reception slip) reminding them they require your permission and that you have not given it.

If you cannot obtain their consent amicably, it is possible to make a police complaint. 

In this case, it is best to gather evidence (photos/videos of the drone flying above your land etc).

Recordings complicate issues 

Many, but not all, drones also have the capacity to film.

Even if you provide authorisation for your neighbour to fly the drone above your property, this is different from giving authorisation to record. 

Separate, explicit approval is required for filming, specifically in any circumstance where a person may be identified by the recording such as through recognition of their face, house, (or in the case of dashcams, their number plate). 

In this way, unauthorised recordings from drones risk breaking privacy regulations, in much the same way as home security cameras pointed at public roads.

states that unauthorised recordings of a person can result in fines of up to €45,000 and one year imprisonment, even if these are not distributed.