Last updated: 10 October 2016 If the rise of drone technology in everyday life makes you a little uneasy, it may comfort you to know that pilots of commercial drones weighing 2kg or more need to be registered with the Civil Aviation Safety Authority (CASA) and have an operator's certificate before their UAVs (unmanned aerial vehicles) go zipping through the public airspace. But it's a different story with smaller recreational drones – the ones you can now buy at retailers across Australia. We've tested recreational and advanced drones for performance and ease of use – check out the results of our detailed review. Recreational drones are rising in number, and the rules around their use are pretty loose as long as you keep your UAV under an altitude of 400 feet (121m) and away from crowds, you don't fly at night, and always make sure it stays within your line of sight. But what if you're on the receiving end of a drone's gaze? It's no secret that many recreational drones are equipped with cameras – and that people can be nosy.

As it stands, your protection against unauthorised surveillance is limited. The Privacy Act, for instance, only applies to organisations with an annual turnover of $3 million or more. Most recreational drone owners, it's fair to say, would be under that threshold. So if you're wondering whether you can legally spy on your neighbours or other persons of interest with a drone, the answer is currently unclear. Anti-stalking legislation may forbid such activity in some cases, and some legal experts say recording activity on private property would be illegal in most states. Others say there really are no hard and fast rules at the moment. In any case, there's nothing encoded in law regarding recreational drones and privacy. In search of clarification, CHOICE turned to Special Counsel Matthew Craven of the law firm Corrs Chambers Westgarth, who has researched and written about drone privacy issues. "I am not aware of any case in Australia where a private individual has successfully taken action against a drone pilot for breaching their privacy, whether under the Privacy Act or under any other law," Craven tells us.

Unless the drone pilot is working for an organisation with at least $3 million in annual revenue, "it is not possible for a private individual to take action against an individual drone pilot under the Privacy Act as it currently stands".parrot ar drone leeds Other laws may apply, but it could be a long shot to mount a case.parrot ar drone sapka "Depending on the conduct and how the drone has been flown, other laws, such as trespass to property, may provide an avenue for redress in certain circumstances," Craven says.parrot ar drone serial port And a pilot could breach state surveillance laws – such as Victoria's Surveillance Devices Act – if they use a drone to record private conversations or activities in someone's home. ar drone 2 achse

But again, the rules are fuzzy. "In Victoria at least, taking video footage, without recording audio, of what is happening out in the open in your neighbour's backyard does not contravene the Surveillance Devices Act," says Craven.pocket drone where to buy Meanwhile, other state and territory legislation around surveillance is piecemeal, inconsistent, and in some cases outdated. where to buy dji droneNo one's really sure how existing privacy laws apply to recreational drones. All this could change in the years to come. The Civil Aviation Safety Authority tells us it plans to review recreational drone regulations and potentially have new ones in place by the end of the decade, although the federal agency has no jurisdiction over privacy issues. "This will take several years at least and involve public and aviation industry consultation," CASA's manager of corporate communications Peter Gibson tells us.

Gibson says personal drones have yet to become a public menace. "With the number of recreational drones increasing we are seeing more safety incidents, but there isn't a flood of complaints by any means." CASA issued 15 infringement notices to recreational drone users last year and had delivered about 100 warnings for drone safety breaches as of 2014. Fines for illicit drone activity currently range from around $900 to $9000. If you can, join a local model aero club. Members are likely to be the most educated about where the laws are at for drone operation and when they change, and there could be other benefits, such as insurance cover. Plus you’ll get to hang out with people who are just as enthusiastic about drones as you are. Tighter drone regulations would be a welcome development for the Australian Association for Unmanned Systems, which released a report in May last year calling for a ban on the use of drones to record private activity, or activity that happens when people wouldn't expect to be watched or recorded.

And a 2014 federal government report recommended that retailers who sell drones include a pamphlet that "should highlight remotely piloted aircraft users' responsibility not to monitor, record or disclose individuals' private activities without their consent". It also recommended that new legislation be introduced to protect against privacy invasion by drones by July 2015, although that hasn't happened. Under the Civil Aviation Safety Regulations 1998, UAVs weighing 2kg or less cannot fly: Q: Can I drop off a parcel or other item with a recreational drone? Yes, as long as the operation doesn't pose a risk to people, property or another aircraft. Q: Can I fly my drone over private land? A: Technically yes, as long as the drone is high enough that it doesn't detract from the landowner's use and enjoyment of the land. But exactly how high this should be remains legally undefined. Q: Can I fly my recreational drone over a sporting event, a busy beach or other heavily populated areas?

While there are currently no regulations specific to recreational drones, CASA advises recreational drone owners to steer clear of populated areas. Q: Can I take photos or videos of people with a personal drone? A: The legal view on this varies depending on who you talk to. Whatever the case, there's currently no specific piece of legislation that protects the privacy of individuals against recreational drones. Q: Can I use my personal drone to make money? A: No, it is illegal to operate a non-recreational drone for commercial gain – unless you have an operator's certificate issued by CASA. Note that "commercial gain" can include flights for advertising purposes or even uploading videos to YouTube – there does not have to be a direct payment involved. However, with new legislation that took effect in September 2016, operators of drones under 2kg will not need a certificate. Q: Can my neighbour take video footage of what's going on in my backyard without my knowledge?

Whatever the case, there is currently no specific piece of legislation that protects the privacy of individuals against recreational drones. At any rate, we don't recommend you record footage of anyone without seeking permission first. Q: Can I fly my drone over an airfield? A: Commercial drones can't get any closer than 5.5km to a towered airfield or other high-security area. There are no specific regulations at this point regarding recreational drones and airfields. Small recreational drones – or micro drones – enjoy fairly free rein under Australian regulations. "Provided that a small UAV is operated not above 400ft and remains clear of designated airspace, aerodromes and populous areas, there are no restrictions imposed upon the operation of a small UAV," the regulations say. It's worth noting that the regulations were last updated in 2002. Larger drones (over 2kg) and those used for commercial or professional purposes, on the other hand, must be registered with CASA and the owner must have an operating certificate and follow safety procedures similar to manned aircraft.