使用无人机侵犯公共场所隐私权的违法性分析

An Analysis of the Illegality of Infringing upon the Right to Privacy in Public Places by Using Drones

摘要: 无人机技术的普及与低空经济的发展，使得行为人在公共场所使用无人机拍摄的行为日益普遍，传统“公共场所无隐私”的观念已难以适应现实需求，由此引发的公共场所使用无人机隐私权侵权争议日益普遍，亟待法律层面的回应。公共场所隐私权的存在是违法性认定的权利基础，在违法性判断标准上，相较于结果不法说，行为不法说更契合公共场所隐私权的保护需求，通过合理隐私期待标准与隐私场景一致性原则界定行为边界，结合飞行场景敏感性、无人机技术性能与使用方式、被拍摄对象可识别性及是否采取预防措施等核心因素进行综合考量，进而从法定、技术、理性人三个维度构建了违法性判断的注意义务体系。厘清无人机使用行为的合法与违法边界，为相关侵权纠纷的法律适用提供理论支撑，助力平衡技术发展与隐私权益保护的关系。

Abstract: The popularization of drone technology and the development of the low-altitude economy have made the act of shooting with drones in public places increasingly common. The traditional notion that “there is no privacy in public places” has become difficult to meet practical needs, thus leading to a growing number of disputes over privacy infringement caused by the use of drones in public places, which urgently requires a legal response. The existence of the right to privacy in public places constitutes the right-based foundation for the determination of illegality. In terms of the criteria for judging illegality, compared with the theory of unlawful result, the theory of unlawful act is more in line with the needs of protecting the right to privacy in public places. It defines the boundaries of conduct through the reasonable expectation of privacy standard and the principle of privacy scenario consistency, and conducts a comprehensive assessment by integrating core factors such as the sensitivity of the flight scenario, the technical performance and mode of use of the drone, the identifiability of the photographed subject, and whether preventive measures have been taken. Furthermore, it constructs a duty of care system for illegality judgment from three dimensions: statutory compliance, technical norms, and reasonable person standard. Clarifying the boundary between legal and illegal drone use behaviors provides theoretical support for the application of law in relevant infringement disputes, and helps balance the relationship between technological development and the protection of privacy rights and interests.