UAV and Privacy

1. UAVs: A Challenge to Existing Privacy
Constructs
March 19, 2014
Kevin D. Pomfret
Centre for Spatial Law and Policy

2. 2
Drones and Privacy Should be
Considered in Larger Context

3. Technology Has Created . . .
3

4. . . .Privacy Paradox
4

5. “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
5

6. 6
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

7. Other Considerations
Congress
 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
7

8. 8
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?

9. Other Considerations
State 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 facts
9

10. “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”
 Insurance
10

11. Thank You!
Questions?
Kevin Pomfret
Executive Director
Centre for Spatial Law and Policy
+1 804 928 5870
kevin@spatiallaw.com
11