Privacy Law Library

Unmanned Aircraft System Privacy Restrictions

KY Drone Surveillance Law

Location · Government records · Other

Allows commercial, recreational, and educational drone use but, since 2025, bars operators from recording images of private property or the people on it with intent to surveil them or publish unauthorized images in violation of their reasonable expectation of privacy. People on private property are presumed to have that expectation if they cannot be seen from ground level. Law enforcement drone searches require a warrant or other Fourth Amendment authority and must minimize data on nonsuspects.

Where
Kentucky
Citation
KRS 500.130; KRS 411.067 (created 2018 Ky. Acts ch. 26; amended and civil action added 2025 Ky. Acts ch. 19, HB 19)
Status
In force
In force since
2018-07-14
Last amended
2025-06-27
Enforced by
Prosecutors; property owners, tenants, occupants, invitees, and licensees via civil action
People can sue
Yes
Penalties
Unauthorized operation is a violation for a first offense and a Class B misdemeanor thereafter. Persons on private property may sue violators of the surveillance ban for injunctive relief, actual and punitive damages, costs, and attorney's fees.
Applies to
  • Businesses, recreational users, schools, and universities operating drones in Kentucky
  • Law enforcement and other government agencies using drones

Practices it requires

  • Do not use a drone to record images of privately owned real property or its owner, tenant, occupant, invitee, or licensee with intent to conduct surveillance or publish unauthorized images in violation of a reasonable expectation of privacy (presumed when not observable from ground level).KRS 500.130(1)(b), (12) · From 2025-06-27
  • Businesses may fly drones for business purposes only in compliance with 14 C.F.R. part 107; property appraisers need the owner's or occupant's prior written permission.KRS 500.130(3)
  • Law enforcement may use drones to search only with Fourth Amendment and Kentucky constitutional authority (a warrant must specifically authorize drone use), must minimize data collection on nonsuspects, and may disclose such data only by court order.KRS 500.130(6), (8)

Other duties

  • Persons on private property may sue any person, agency, or political subdivision that violates the surveillance ban.KRS 411.067 · From 2025-06-27

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.