Yes, it's legal to fly a drone with a camera in the US. The FAA regulates flying, not filming, and there's no federal drone privacy law for private pilots. Privacy is governed by state laws: many make it illegal to use a drone to record people where they reasonably expect privacy, such as inside a home or a fenced backyard, or to surveil a person or property without consent.
What the FAA does and doesn't cover
The FAA's rules cover safety: altitude, airspace, flying over people, Remote ID. They don't say what you can photograph. Remote ID does let authorities identify a drone in flight, which matters when someone reports a privacy complaint. See Remote ID explained.
How state laws work
States take three main approaches:
- Drone-specific surveillance laws that ban using a drone to capture images of people or private property for surveillance.
- General privacy and voyeurism laws that apply to any camera, including one on a drone.
- Civil privacy laws that let people sue for intrusion, sometimes with extra damages when a drone is involved.
Examples from large states
| State | Law | What it covers |
|---|---|---|
| Texas | Gov. Code ch. 423 | Capturing an image of a person or private property with a drone, with intent to conduct surveillance, is a misdemeanor. The law lists many lawful uses, such as real estate with the owner's consent. |
| Florida | F.S. 934.50 | You can't record people on their private property with a drone in a way that violates their reasonable expectation of privacy without written consent. Florida presumes that expectation if they can't be seen from ground level. |
| California | Civil Code 1708.8 | Entering the airspace over someone's land to capture images or sound of private or family activity can create civil liability, with damages up to three times actual harm plus fines. |
| North Carolina | G.S. 15A-300.1 | Bars drone surveillance of a person, occupied home or private property without consent, with exceptions such as news. |
Many other states rely on general voyeurism and invasion of privacy laws. Our state guides go deeper: Texas, Florida, California, and all states at drone laws by state.
Public vs private spaces
- Public places: filming what anyone could see from a public street or park is generally lawful. Local park rules may still limit where you take off.
- Private spaces: backyards behind fences, windows, pools and anywhere hidden from ground view get the strongest protection, especially in states like Florida.
- Hovering and following: repeatedly watching or following one person can cross into harassment or stalking laws, even in public.
Commercial work
Real estate, inspections and mapping often catch neighboring homes. Get the client's consent in writing, frame shots on the subject property, blur identifiable people and neighbors' yards in published work, and know your state's exceptions. Part 107 doesn't override state privacy laws. See Part 107.
Habits that keep you legal
- Keep moving and don't hover over other people's property.
- Point the camera at your subject, not into yards or windows.
- Don't post footage that shows identifiable people in private settings.
- Land and talk to people who ask about your drone.
If a drone is bothering you, read someone flying a drone over my house.
Rules current as of October 2026. This is general information, not legal advice.
New to flying? Start with US drone laws explained.
Related guides
- California drone privacy law: flying over private property
- Someone is flying a drone over my house: what can I legally do?
- Texas drone privacy law: flying over private property (Chapter 423)
- Can the DJI Power 2000 work as a UPS or home backup?
- DJI Fly app guide: home screen, camera view, settings and icons explained
- DJI Fly privacy settings: information authorization and Local Data Mode
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