UAVs: A Challenge to Existing Privacy Constructs

March 19, 2014Kevin D. PomfretCentre for Spatial Law and Policy

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Drones and Privacy Should be Considered in Larger Context

Technology Has Created . . .

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. . .Privacy Paradox

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“Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System Roadmap”

FAA mission does not include developing or enforcing policies pertaining to privacy or civil liberties.

However, 6 selected test sites should:– Develop publicly available privacy policies– Fair Information Practice Principles– Provide for feedback

Test sites to allow for informed dialogue on privacy issues

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Other Considerations:Executive

Federal Trade Commission– Broad authority under Section 5 of the Federal Trade

Commission Act– Initially brought actions against companies that did not

comply with their own privacy policies– Then, actions against companies who did not protect

“personally identifiable information”– Now, actions against companies who did not protect

“sensitive information”– Location information deemed sensitive

Other ConsiderationsCongress

Legislation in Congress to address drones and privacy, include: Drone Aircraft Privacy and Transparency Act of 2013 Farmers Privacy Act of 2012

– Included drones, aerial and public available satellite imagery

Query: What is the difference between a drone, a satellite or manned aircraft from privacy standpoint? Each is simply a platform for sensors

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Fair Information Practice Principles

Most privacy constructs based upon “Fair Information Practice Principles”

Elements of FIPP include:– Notice and transparency– Consent and use limitation– Access and participation– Integrity and Security– Enforcement and Accountability

How do FIPP apply to location and remote sensing?

Other ConsiderationsState Legislation

43 States considered 130 bills related to UAVs in 2013

Many bills were privacy-related– Government vs. Private use

Legislation passed in 13 states– Law enforcement and Private use

Private use considerations Privacy Torts - trespass, intrusion upon

seclusion, public disclosure of private facts9

“Best” Practices

Announce plan to fly UAV on website.– E.g. sensor, time, flight line, height

Designate a Point of Contact for UAV privacy Develop appropriate security around storage, access Training/Education for employees Address concerns in agreements

– Used for purposes for which it is collected– Not used to violate privacy– Not used for “surveillance of person or place”

Insurance10

Thank You!

Questions?

Kevin Pomfret

Executive Director

Centre for Spatial Law and Policy

+1 804 928 5870

kevin@spatiallaw.com

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