Rep. Ed Markey (D-Mass.) this week introduced legislation aimed at making more transparent the domestic operations of unmanned aircraft systems and protecting the privacy of individuals when it comes to the use of these systems in the nation’s airspace.
In response to President Obama signing a law earlier this year that requires the Federal Aviation Administration (FAA) to integrate UAS in to the airspace of the United States by October 2015, Markey said in a statement that his bill “will ensure strong personal privacy protections and public transparency measures are in place at the beginning of the use of this new technology, not as an afterthought.”
The FAA Modernization and Reform Act, signed in February, applies to government, commercial and recreational drones. Currently, the law contains no “explicit privacy protections or public transparency measures,” according to Markey’s bill.
The agency estimates that as many as 30,000 of the UAS could be operating in the United States by 2020.
Markey’s Drone Aircraft Privacy and Transparency Act of 2012 (H.R. 6676) would amend the earlier FAA drone law by adding several key provisions, including not allowing the agency to issue licenses to operate UAS unless the applications include information such as who will operate the UAS, where it will be flown, what kind of data will be collected, how the data will be used, how long the information will be retained and whether it will be sold to third parties.
“Drones should be used in accordance with privacy principles that protect Americans from unlawful surveillance and searches without their knowledge or permission,” Markey said.
The legislation will also require law enforcement agencies and their contractors to include a data statement that explains how they will minimize the collection and retention of data unrelated to the investigation of a crime.
Other provisions include requiring law enforcement agencies to have a warrant to conduct surveillance unless “exigent circumstances” exist. Data collected that is unrelated to an investigation will have to be destroyed, the bill says.
Under Markey’s law, the FAA would also be required to create a publicly available website that lists all approved UAS operating licenses, including the various data statements and any data security breaches suffered by the operator, and the times and locations of the UAS flights.
Markey’s bill “adds much needed safeguards to the 2012 FAA Modernization Act and will help protect Americans from unwarranted drone surveillance,” Jennifer Lynch, a staff attorney with the Electronic Frontier Foundation, said in a statement.