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Part 107 in California: The Airspace Privacy Law

California's privacy law names the airspace above someone's land. What Civil Code 1708.8 means for Part 107 pilots, and why federal rules still come first.

Ivan TesolkinFounder, Clear107

California does not issue its own drone license. A Part 107 certificate is the credential for commercial flying there. What California adds is a privacy law that explicitly mentions airspace. Civil Code §1708.8 makes a person liable for physical invasion of privacy when they knowingly enter the airspace above someone else's land without permission to capture images or sound of private, personal or familial activity, in a way a reasonable person would find offensive.

What does Civil Code 1708.8 say?

§1708.8(a) creates liability for physical invasion of privacy when a person knowingly enters onto the land or into the airspace above the land of another person without permission, or otherwise trespasses, in order to capture a visual image, sound recording or other physical impression of the plaintiff engaging in a private, personal or familial activity, in a manner offensive to a reasonable person.

Section 1708.8(b) adds constructive invasion of privacy: capturing such an image with any device, without a physical trespass, if the image could not have been taken without trespassing unless the device was used. The law allows damages of up to three times the general and special damages.

Which parts matter for a drone pilot?

Read it as a list of conditions that must all be true:

ElementWhat it means in practice
Airspace above another person's landFlying over a neighbor's property, not only landing on it
Without permissionConsent from the person removes this element
Purpose: capturing images or soundTransit over a property is different from filming it
Private, personal or familial activityA backyard gathering, not a roofline
Offensive to a reasonable personThe manner of the recording matters

This is a civil liability law, so the consequence is a lawsuit, not a criminal charge.

Part 107 does not settle privacy questions. Flying legally under federal rules does not by itself defend a state privacy claim, and a state privacy law does not change where you may fly.

What federal rules matter most in California?

Los Angeles, San Francisco and San Diego each sit under Class B airspace, and the state has many Class C and D airports, so most metro work needs authorization under §107.41. The LAANC guide explains how. Wildfire season brings temporary flight restrictions over fire areas; the right-of-way and restricted airspace post covers TFRs.

A worked example

A client in a Los Angeles suburb wants roof photos for a solar quote. Federally, you check the sectional chart and get LAANC. Under §1708.8, the risk comes from filming the neighbors: keep the camera on the client's roof, avoid lingering over adjacent yards, and do not record people in their gardens.

What this means for the exam

California law is not on the FAA knowledge test. The airspace around its cities is a good place to practice chart reading, since exam figures use the same symbols.

Other states are compared in the state drone laws guide.

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Builds Clear107, a focused FAA Part 107 exam-prep platform. 500+ hours of flight time across a range of drone types, plus a from-scratch project converting a 650 kg MTOW manned aircraft into an unmanned one. Writes here about the drone industry, UAV regulation, and robotics beyond just exam content.

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Arizona: When FAA Drone Rules Are State Law