May my neighbour fly a drone over my garden?
No, not with camera + not without consent. EU Drone Regulation (EU 2019/947) + GDPR + Sr Art. 138 trespassing + portrait law.
Drone rules in NL follow EU Regulation 2019/947 (since 31 Dec 2020). Categories: Open (low risk), Specific (medium), Certified (high). Hobby drones with cameras typically fall under "Open A1/A3" and MAY NOT: (a) fly over people (except own household), (b) within 50m of persons, (c) higher than 120m, (d) outside pilot's line of sight. Filming over your garden: even if airspace is public, filming private property with personal data (your image, your property) without lawful basis = GDPR violation (Art. 6 — no basis) + portrait law (Dutch Copyright Act Art. 21). Criminal: systematic drone spying = stalking (Sr Art. 285b) and possibly trespass (Sr Art. 138) on continuation. Since 2024: drones must have visible registration number + drone app mandatory (DroneRules.eu). Makes identification easier. What to do? Secure evidence (video of drone with date). Talk to neighbour. No resolution? AP complaint + police report. On high urgency: 112.
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