New California Drone Law for 2015

[sdtrojan]

This was originally posted in the LA Times and the regurgitating newsies at Fox 5 in SD hijacked it for themselves.

PRIVACY

•Data mining: State agencies are barred from cooperating with federal officials in the mass collection of phone and computer records unless a warrant has been issued.

•Drones: Prosecution for invasion of privacy is permitted when aerial drones are used to photograph or record another person in a private setting.

•Students: School districts collecting information on students through social media are limited to data involving student or school safety. Districts must allow parents to review and correct any such information collected.

So...the next question is "What is a private setting?" Better yet, is this law really aimed at drones?

The Assembly bill that was passed was AB-2306, which deals with constructive invasion of privacy and liability for such. It amends section 1708.8 of the California Civil Code as follows:

http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml

"AB 2306, Chau. Constructive invasion of privacy: liability.

Under existing law, except as specified, a person is liable for constructive invasion of privacy when a person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression, through the use of a visual or auditory enhancing device, of another person engaging in a personal or familial activity under circumstances in which the other person had a reasonable expectation of privacy. Existing law subjects a person who commits a constructive invasion of privacy to specified damages and civil fines.

This bill would expand a person’s potential liability for constructive invasion of privacy, by removing the limitation that the person use a visual or auditory enhancing device, and would instead make the person liable when using any device to engage in the above-described unlawful activity.

This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 1256 that would become operative if this bill and AB 1256 are both enacted and this bill is enacted last."

Search of this section of the civil code never specifically mentions drones, UAVs, etc. Not that they are not umbrella under "devices" but come on, folks. This is not a drone-related law.

 

[barefootbeachcombing]

Flying a drone over someone's backyard (at their home) and photographing them would qualify as a "private setting".

Apparently, this is already happening to some celebrities.

Dumb people ... just dumb.

 

[Buckaye]

Flying a drone over someone's backyard (at their home) and photographing them would qualify as a "private setting".

Apparently, this is already happening to some celebrities.

Dumb people ... just dumb.

I hope this is used only for nuisance situations. I certainly understand the reason behind protecting people's privacy... But people have got to realize that from 200 ft up... Not a whole lot of privacy being disturbed (I guess it depends on the camera).

Anyway,,, it doesn't surprise me,, the real question will be... How will it be applied.

 

[barefootbeachcombing]

Paparazzi. And likely at much lower heights above the ground.

 

[LuvMyTJ]

"Private setting" leaves a lot of interpretation of the exact meaning. Lawyers are gonna love this. I can see the ads now

" Call 555-5555 if you've been spied on by a drone! We'll make the operators pay! Just call 555-5555 today, thats 555-5555, that number again, 555-5555! Call now and get the cash that you deserve!

 

[CactusJackSlade]

What about Google Earth and more so - street view and Bing's Birds Eye View? They take all sorts of photos of private property and people...

 

[CactusJackSlade]

Lets see.... banned in California State Parks, National Parks, private property... not much left....

What if i'm flying on my own property and incidentally get video of my neighbor?

 

[russianfront]

Lets see.... banned in California State Parks, National Parks, private property... not much left....

What if i'm flying on my own property and incidentally get video of my neighbor?

Everyone is a star and VIP now. Their facebook, Twitter, Instagram and Blog prove that. Didn't you know you can't go all paparazzi on your neighbours? You have to speak with their agent first!

 

[finlayson]

Lets see.... banned in California State Parks, National Parks, private property... not much left....

To my knowledge, there is no blanket ban (yet) in California State Parks (though some individual parks might have specific regulations about UAVs).

Ross.

 

[Ejohn]

"Private setting" leaves a lot of interpretation of the exact meaning. Lawyers are gonna love this. I can see the ads now

" Call 555-5555 if you've been spied on by a drone! We'll make the operators pay! Just call 555-5555 today, thats 555-5555, that number again, 555-5555! Call now and get the cash that you deserve!

Xaxaxa its gonna be hilarious

 

[sdtrojan]

Lets see.... banned in California State Parks, National Parks, private property... not much left....

To my knowledge, there is no blanket ban (yet) in California State Parks (though some individual parks might have specific regulations about UAVs).

Ross.

I agree. I actually contacted the Cakifornia Parks department and asked for clarification on their rules and got a response a couple of weeks later:

Your e-mail with regard to the use of unmanned areal vehicles or aircraft in California State Parks was forwarded to me for response. Pursuant to the authorities granted in Public Resources Code 5003, Title 14 of the California Code of Regulations, Sections 4301(i), 4319, and 4326, the District Superintendent may restrict or prohibit the use of unmanned aircraft on or over California State Parks lands. Restriction or prohibition reasons can vary including, but not limited to, the protection of threatened/endangered species, high fire danger, public safety, recreational conflicts, park unit classification, etc.

Considerations for allowing use of unmanned areal aircraft on or over State Park lands would include the reason use is being requested i.e. scientific research, educational purposes, documenting an already approved event, etc. Depending on the use being requested, the Superintendent may require that a Special Event application be submitted. Additionally, any commercial type unmanned aircraft use would also need FAA approval in addition to any special event requirements of the State Park District.

I recommend that you contact the District management for the park unit that you are considering for unmanned aerial videography. The District would be able to advise you of any local park restrictions and advise you on what local, state, and federal requirements may apply. A complete list of State Park Units and Management Districts with contact information can be found at www.parks.ca.gov. I hope this information is helpful for you.


Todd Thames, Superintendent
Law Enforcement & Emergency Services Division
California State Parks
Office: (916) 651-3276
Cell: (916) 662-4787

Description: 150th Description: DPRLogo-color-2in-300dpi -2
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient. Unauthorized interception, review, use, or disclosure is prohibited and may violate applicable laws including, but not limited to, the Electronic Communications Privacy Act. If you are not the intended recipient, please immediately contact the sender and destroy all copies of the communication.

 

[nhoover]

Thanks for posting this. On Sept 16, 2015 I was flying over a California State Park (carefully not flying over the ocean which has a Marine Sanctuary with UAVs restricted from flying under 1000' since 2014). There is a youth hostel on site and one of the employees cycled over and told me (in a friendly way) that flying over state parks in California is not allowed period. I asked him for details but he had none. Just said that the "ticket" would cost over $500. He also talked about a ban on flying over "Infrastructure", such as the lighthouse at this particular park. I hadn't heard of that either.

I thanked him and went on my way. I'll contact the Park Superintendent to see if they have invoked a specific ban for that park.

 

[JKDSensei]

Regulation nation. The "Fun Police" are having all the fun.
Couldn't we just round up the 74 idiots who have no regard for safety or property and are giving the other 145,926 of us responsible drone flyers a bad name, ship em to ISIS and be done with it?

 

[J.James]

Hum just the fact that flying a drone is an activity of any kind I would of thought it was already banned in the Communist country of Ca already.

 

[Iwan_one'uh_deez]

New forum member here; great many helpful topics and advice here - Thanks!

Having said that, I find myself deeply troubled by the increasingly restrictive regulations - I was just about to jump right into the fray - get an Inspire 1 - and augment the videography work I've already been doing on all my outings, and now add UAV footage.

Can't fly in U.S. National Parks? (inc monuments ... and all other NPS designated units ...?) and now I see access to California State Parks is also if-fy?

Gee, a hot-air balloon-sized ball of enthusiasm just fizzled out into a deflated sack ...

I now wonder if petitioning some NPS unit I plan to go to, to inquire about seeking a filming permit? I wonder if that's the way to go? I normally backpack way far out and deep into wilderness areas ... I'll sometimes get a couple of days away from any other human ...

disappointing ...

 

[regdawg]

So whats everyone's thoughts....we can't fly in CA period? I just got my drone a couple months ago to.