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Drones and other Privacy Protections in California Under CC 1708.8

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Summary of California Civil Code Section 1708.8

California Civil Code Section 1708.8 addresses liability for invasions of privacy involving the capture or attempted capture of visual images, sound recordings, or other physical impressions of a person without consent, particularly in private settings or for commercial purposes. Below is a summary of its key provisions with an emphasis on where Drones over your home are illegal.

  • Prohibited Acts:  Subsection B relates to DRONES!

    • Subdivision (a): It is unlawful to intentionally enter another person's private property without consent to capture a visual image, sound recording, or other physical impression for a commercial purpose, with the intent to violate the person's privacy or other specified rights.   

    • Subdivision (b): It is unlawful to use a device (e.g., drone, camera) to capture such impressions in a private setting where the person has a reasonable expectation of privacy, without consent, for a commercial purpose.

    • Subdivision (c): Attempting to capture such impressions in a manner that violates subdivisions (a) or (b) is also prohibited.

  • Liability and Damages:

    • Subdivision (d): A person who violates subdivisions (a), (b), or (c) is liable for up to three times the amount of general and special damages proximately caused, plus punitive damages (per Section 3294) if proven. If the violation was for a commercial purpose, the violator must disgorge any proceeds to the plaintiff. Violators also face a civil fine of $5,000 to $50,000.

    • Subdivision (e): A person who directs, solicits, induces, or causes another to violate these provisions is liable for general, special, and consequential damages, punitive damages (per Section 3294), and a civil fine of $5,000 to $50,000, regardless of an employer-employee relationship.

  • Civil Fines and Enforcement:

    • Subdivision (m): County counsel or city attorneys may bring actions to recover civil fines, which are split equally between the prosecuting agency and the Arts and Entertainment Fund in the State Treasury. Funds in this account support grants through the California Arts Council.

  • Scope and Limitations:

    • Subdivision (f)(5): The law applies only to violations occurring in California after January 1, 2010, and does not cover impressions captured outside the state.

    • Subdivision (f)(6): The law does not impair the right to file a special motion to strike under anti-SLAPP provisions (Code of Civil Procedure Sections 425.16, 425.17, or 425.18).

    • Subdivision (f)(7): The law does not limit other legal or equitable remedies available to the plaintiff, such as claims for publication of private facts.

  • Additional Notes:

    • The section emphasizes protecting individuals from invasive privacy violations, particularly by paparazzi or others seeking commercial gain.

    • Remedies are cumulative, meaning plaintiffs can pursue multiple forms of relief under this and other laws.