Drone surveillance over private property would need written consent

People and public agencies may not use an imaging drone to conduct surveillance over private property without the owner's written consent. Surveillance means intentionally watching people to learn identifying details or behavior, or watching private property closely enough to identify features or occupancy. Privacy is presumed where a person cannot be seen from public ground level. The rule has exceptions for specified police duties, fire inspections, critical infrastructure and railroad work, tax appraisals, environmental emergencies, and certain insurance work. Tax appraisal and environmental emergency images of identifiable people must be blurred as soon as practicable, and images must be destroyed when no longer needed. Legitimate business photography unrelated to surveillance is excluded when it follows applicable FAA rules, licenses, or exemptions. The act would take effect January 1, 2027.

A person alleging a violation may ask a court for damages or an order to stop it. The remedies apply to a person alleging a violation of the drone privacy rule. A court may award reasonable attorney fees to someone who proves a violation. These civil remedies are in addition to other remedies available under law. The act would take effect January 1, 2027.

A person who knowingly conducts prohibited drone surveillance, or knowingly shares footage obtained through it, would commit a class B felony. The rule covers surveillance over private property without the owner's written consent where a reasonable expectation of privacy exists. The surveillance must violate the privacy rule and fall outside its exceptions. These felony provisions do not apply to entities exempt under RSA 644:23, III. The act would take effect January 1, 2027.