The Research Of Privacy Right’s Protection In Civil Law Under The Unmanned Aerial Vehicle

Against the surging tide of the fifth generation communication technology and artificial intelligence,the civil UAV industry has witnessed a booming development momentum.Undoubtedly,the booming and prosperous UAV industry will propel national economic development,meanwhile,the utilization of civil UAV brings more colors to people’s daily life.Nonetheless,we cannot lose sight of the threats from civil UAV to citizens’ privacy,although civil UAV deliver many a benefit in various aspects.Comparison with the old one can conclude that the progress of Civil Code in the protection on privacy rights has been clear to all,while there remains a legislative gap concerning the current Civil Code applying to above mentioned rights under civil drones,grounded on the specific features of the infringement of privacy rights with civil drones as a tool.Based on the analysis on the status of civil UAV privacy protection,this paper gives an analysis on civil law protection of privacy under the civil UAV that there are five problems:unclear privacy in public places,against the protection of privacy under civil UAV,difficult to determin the subject of tort liability under civil UAV and the fault of tort subject,difficult to apply the imputation principle of privacy infringement under civil UAV,and unclear civil UAV privacy infringement exemption.Drawing from the legislative and judicial experience of European and American countries,there brings some suggestions on civil protection on civil UAV privacy infringement from the following five aspects.To improve the civil protection of privacy under civil UAV,the first step is to introduce the principle of reasonable expectation of privacy and clarify the right of privacy in public places.Secondly,the subject of privacy tort liability under civil UAV is defined according to different situations.As for the determination of fault principle of infringement of privacy rights under civil UAV,intentional determination should be distinguished from negligence.Intentional determination should adopt subjective judgment standard,while negligence determination should adopt objective judgment standard with duty of care as the core.The principle of no-fault liability rule cannot be applied to the infringement cases of privacy under civil unmanned aerial vehicles.The infringement principle of privacy under civil unmanned aerial vehicles should be applied to the principle of fault liability imputation and the principle of presumption of fault liability according to different tort liability subjects.In addition to the general reasons for exemption stipulated in the Civil Code,in the infringement cases of privacy under the civil UAV,the infringer can reduce or exempt the tort liability based on three reasons: external uncontrollable factors,consent of the infringer,and negligence infringement involving public interest.