FAA 107 Privacy & Public Safety Considerations 3 — Questions and Answers
Question 1: Which of the following scenarios would most likely trigger a Temporary Flight Restriction (TFR) that directly protects public safety at a ground event?
- A local 5K charity run
- A presidential visit or major sporting event (Correct answer)
- A county fair with fewer than 500 attendees
- A school graduation ceremony
Correct answer: A presidential visit or major sporting event
TFRs under 14 CFR 91.145 are routinely issued for major sporting events and 14 CFR 91.141 covers presidential movements, both protecting dense public gatherings.
Question 2: A remote pilot captures video of a person sunbathing in a fenced backyard using a drone camera with a telephoto lens. Under common law privacy principles, this most likely constitutes:
- Legal newsgathering protected by the First Amendment
- Intrusion upon seclusion (Correct answer)
- Trespass to chattels
- Conversion
Correct answer: Intrusion upon seclusion
Intrusion upon seclusion occurs when someone intentionally intrudes into another's private affairs in a manner highly offensive to a reasonable person, which a fenced backyard exemplifies.
Question 3: The FAA's stance on drone operations over moving vehicles on public roads is that they:
- Are fully permitted under Part 107 without restriction
- Require a waiver because moving vehicles and occupants could be harmed by a crash (Correct answer)
- Are only permitted if the vehicle speed is below 35 mph
- Are prohibited nationwide regardless of waiver status
Correct answer: Require a waiver because moving vehicles and occupants could be harmed by a crash
Operations over moving vehicles require a Part 107 waiver because crashes could endanger vehicle occupants and cause secondary accidents.
Question 4: A drone operator is hired to inspect a hospital's rooftop HVAC. The flight path must cross a patient outdoor therapy area. What is the operator's primary obligation?
- Obtain a HIPAA waiver before flying
- Coordinate with the hospital to ensure no patients are present during overflight (Correct answer)
- File a NOTAM and proceed with standard operations
- Notify the local FAA FSDO 72 hours in advance
Correct answer: Coordinate with the hospital to ensure no patients are present during overflight
The remote PIC must not fly over people who are not participating in the operation without taking steps to ensure their safety, requiring coordination to clear the area.
Question 5: A law enforcement agency wants to use a drone to monitor a lawful protest. Under Fourth Amendment considerations, which statement is most accurate?
- Open-air protests have no Fourth Amendment protection, so no warrant is needed
- Courts have consistently held that aerial surveillance of protests always requires a warrant
- The constitutional analysis depends on the duration, resolution, and aggregation of data collected (Correct answer)
- The FAA must approve law enforcement drone use before any flight
Correct answer: The constitutional analysis depends on the duration, resolution, and aggregation of data collected
Courts apply a mosaic theory — prolonged high-resolution surveillance that aggregates data about individuals may cross constitutional thresholds even if the activity is in public.
Question 6: Which action should a remote pilot take before conducting operations over an outdoor crowd of fewer than 100 people at a permitted block party?
- Obtain a Part 107 waiver for operations over people if participants are not wearing PPE (Correct answer)
- Operate freely since public events do not require additional authorization
- Simply notify the block party organizer and proceed
- File a NOTAM only if flying above 200 ft AGL
Correct answer: Obtain a Part 107 waiver for operations over people if participants are not wearing PPE
Part 107 prohibits flight over any human beings who are not participants without a waiver or operating under an approved Category standard, regardless of crowd size.
Question 7: A remote pilot inadvertently flies over a correctional facility perimeter while conducting a commercial roof inspection of an adjacent building. The most immediate concern is:
- Violation of FAA altitude limits
- Potential breach of security-restricted airspace and state trespass laws (Correct answer)
- NOTAM filing requirements
- FAA registration validity
Correct answer: Potential breach of security-restricted airspace and state trespass laws
Many correctional facilities are surrounded by restricted airspace or state-law no-fly zones, and overflight can constitute criminal trespass or violate security protocols.
Which of the following scenarios would most likely trigger a Temporary Flight Restriction (TFR) that directly protects public safety at a ground event?