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37 U.N.S.W.L.J. 434 (2014)
The Dawn of the Age of the Drones: An Australian Privacy Law Perspective

handle is hein.journals/swales37 and id is 446 raw text is: UNSW Law Journal THE DAWN OF THE AGE OF THE DRONES: AN AUSTRALIAN PRIVACY LAW PERSPECTIVE DES BUTLER* I INTRODUCTION Suppose a homeowner habitually enjoys sunbathing in his or her backyard, protected by a high fence from prying eyes, including those of an adolescent neighbour. In times past such homeowners could be assured that they might go about their activities without a threat to their privacy. However, recent years have seen technological advances in the development of unmanned aerial vehicles ('UAVs'), also known colloquially as drones, that have allowed them to become reduced in size, complexity and price. UAVs today include models retailing to the public for less than $350 and with an ease of operation that enables them to serve as mobile platforms for miniature cameras.' These machines now mean that for individuals like the posited homeowner's adolescent neighbour, barriers such as high fences no longer constitute insuperable obstacles to their voyeuristic endeavours. Moreover, ease of access to the internet and video sharing websites provides a ready means of sharing any recordings made with such cameras with a wide audience. Persons in the homeowner's position might understandably seek some form of redress for such egregious invasions of their privacy. Other than some form of self-help,2 what alternative measures may be available? Under Australian law this problem yields no easy answer. In this country, a fractured landscape of common law, Commonwealth and state/territory legislation provides piecemeal protection against invasions of privacy by cameras * LLB (Hons I), PhD. Professor of Law, Faculty of Law, Queensland University of Technology. 1 Asher Moses, 'Privacy Fears as Drones Move into Mainstream', The Sydney Morning Herald (online), 18 February 2013 <http://www.smh.com.au/technology/technology-news/privacy-fears-as-drones-move- into-mainstream-20130217-2elcj.html>. See also Renee Viellaris, 'Unmanned Aircraft Bought Online Being Deployed to Monitor Private and Public Property', Courier Mail (online), 31 August 2013 <http://www.couriermail.com.au/news/queensland/unmanned-aircraft-bought-online-being-deployed-to- monitor-private-and-public-property/story-fnihsrf2-122670785845 1>. 2 Such as may be encouraged by bounties for shooting down drones, as at least one American town has been reported as considering: Keith Coffman, 'Don't Like Drones? Folks in Deer Trail, Colorado Mull Paying Citizens to Shoot Them Down', The Sydney Morning Herald (online), 18 July 2013 <http://www.smh.com.au/technology/technology-news/dont-like-drones-folks-in-deer-trail-colorado- mull-paying-citizens-to-shoot-them-down-20130718-2q5rd.html#ixzz2ZMSXOsCH>. 434 Volume 37(2)

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