California Civil Code 1708.8 creates physical and constructive invasion of privacy torts applicable to drone surveillance. Capturing images or recordings of persons engaged in private activities where reasonable privacy expectation exists triggers civil liability including enhanced damages.
California was an early state to extend privacy tort law to drones. Civil Code 1708.8 establishes two overlapping torts. Physical invasion of privacy occurs when a person knowingly enters the land or airspace above the land of another without permission with intent to capture images or recordings of a person engaging in private activity where a reasonable expectation of privacy exists. Constructive invasion of privacy occurs when the same type of capture happens using a visual or auditory enhancing device even without physical intrusion. Damages may be trebled and include disgorgement of profits and punitive damages. The law was amended after high-profile paparazzi drone incidents. Beyond civil liability Penal Code 647(j) criminalizes surreptitious recording of private activities. Voyeuristic drone use may also trigger restraining orders. Homeowners concerned about neighbor drone surveillance have strong remedies through small claims or civil court.
Civil Code 1708.8 violation: actual damages, treble damages, punitive damages, attorney fees, plus disgorgement of any profits from sale of images.
See how other cities in Sacramento County handle recreational drones.
See how Isleton's recreational drones rules stack up against other locations.
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