Can I fly a drone over the neighbouring property and film?
No, not just like that — and the "free airspace" is a fallacy. Besides the flight rules for drones (registration, 120 m, no-fly zones — that is the subject of the drone basics), a second layer applies: as soon as a camera is in operation, you are, per the Data Protection Office, within the scope of GDPR and the DSG — even for a mere live transmission without storage. If the drone films into the garden, onto the terrace or into the windows of the neighbour, that is a violation of personality (PGR Art. 38 ff.) and can fall under the Secret Sphere Act. The myth: "Over land that is not mine I may film freely." Wrong — for video recordings by drone the Data Protection Office even keeps a dedicated notification form.
📋 The rules
- Two legal layers at once: the flight rules (Aviation Act, EASA/Swiss law) concern registration, height and zones — the personality and data-protection layer (DSG, PGR) concerns the filming. This page deals with the second; both apply side by side.
- Camera on = data protection on: per the Data Protection Office you are within the scope of GDPR and the DSG as soon as a camera is in operation — even for a mere live transmission without storage. For drone video recordings there is a dedicated notification form; recordings of publicly accessible spaces are notifiable.
- Filming into the private sphere is forbidden: if the drone captures garden, terrace or windows of the neighbour, a violation of personality under PGR Art. 38 ff. exists — enforced by private action. Secret image recordings from the private or secret sphere are moreover punishable under Art. 3 of the Secret Sphere Act (offence on application).
- Neighbour law has a say too: the overflight or hovering over the neighbouring property can be a disturbance of possession or excessive effect under property law. The neighbour can demand that you stop it — regardless of whether you record anything.
- The imported reflexes are wrong: the flight rules are Swiss/EASA-derived, the privacy layer is Liechtenstein (DSG, PGR, Secret Sphere Act). The nice "the airspace belongs to no one" does not cover the filming — and German or Swiss image rights do not apply here.
🔓 Exceptions
- No determinable persons: pure landscape or overview shots on which no one is identifiable process no personal data. As soon as you deliberately take a plot or a person into the frame, the assessment tips at once.
- Own property, camera disciplined: over your own ground and without capturing the private sphere of the neighbour, the data-protection situation is more relaxed. The flight rules (height, zones, liability) remain unaffected and continue to apply.
- Consent or official mandate: with the consent of those affected or in clearly regulated official cases a recording can be admissible. For the hobby flight over the garden of the neighbour, however, that is the exception, not the rule.
⚠️ Penalties & fines
On the privacy layer the neighbour can take the private-action route under PGR Art. 38 ff.: injunction, destruction of the recordings, damages and satisfaction. Secret image recordings from the private sphere are punishable under Art. 3 of the Secret Sphere Act (offence on application); anyone who records publicly accessible space and breaches the notification duty risks up to CHF 5,000 (Art. 5 DSG). On the flight layer the Aviation Act comes on top: anyone who flies permit-required without a permit or in a no-fly zone is fined by the Landgericht up to CHF 50,000 under LFG Art. 19. Not obvious: the neighbour can have the drone stopped for disturbance of possession, the recordings can be seized, and without liability insurance you are personally liable in a crash.
📎 Official sources
- Data Protection Office Liechtenstein — drones, notification form for video recordings by drone flights (home) →
- LILEX — DSG (LR 235.1), PGR Art. 38 ff., Secret Sphere Act (LR 311.3), Property Law (LR 214.0) and Aviation Act (LR 748.0) (legal register) →
- National Police Liechtenstein — drones, no-fly zones and liability insurance (home) →
❓ Frequently asked
May I fly a drone over the neighbouring property and film?
You may not film the neighbour in doing so, because as soon as the camera runs the DSG and personality protection apply. The overflight itself can also be a disturbance of possession, against which the neighbour can defend themselves.
Does this also apply if I record nothing and only watch live?
Yes, the Data Protection Office expressly clarifies that the scope already applies as soon as a camera is in operation. Even a mere live transmission without storage thus falls under GDPR and the DSG.
Is filming into the garden of the neighbour punishable?
It can be punishable under Art. 3 of the Secret Sphere Act if a fact from the private or secret sphere is captured. In addition a violation of personality under PGR Art. 38 ff. regularly exists, which is pursued in civil proceedings.
Do I have to notify drone video recordings?
For video recordings by drone the Data Protection Office keeps a dedicated notification form. If publicly accessible spaces are captured, the recording is notifiable, and a breach can be fined by the authority.
What does this have to do with the normal flight rules?
The flight rules and data protection are two separate layers that both apply at the same time. Anyone who flies without a permit or in a no-fly zone is fined by the Landgericht up to CHF 50000 under LFG Art. 19.
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