CAN WE USE A DRONE TO CARRY OUT PRIVATE PROPERTY CHECKS?
to the Directorate of Legal and Administrative Information (Prime
Minister), a municipality can not use a drone to find violations of
urban planning or tax.
The capture of images by means of a drone flying over private property
can be considered as an interference with privacy as long as the
controlled area is inaccessible to view. This is what the Minister of
Territorial Cohesion says in a ministerial response issued on January
The minister recalls that the regulation allows the professional use of
UAVs, including in urban areas, but under certain conditions imposed on
any user, even a local authority. If the taking of evidence in criminal
cases is in principle free, the evidence must not have been taken either
in circumstances constituting an offense or in disregard of respect for
the general principles of law, which include respect for private life.
Thus, according to the case law, the capture of images by police
officers in a place inaccessible from the public highway must, in
application of the provisions of the European Convention on Human
Rights, be based on a legislative text. Otherwise, no intrusion can be
For more information on Légifrance and Written Question No. 01425 to the Minister of Territorial Cohesion
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