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Drones and privacy 3 19-14

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UAV and Privacy

Published in: Law, Technology, News & Politics
  • what is the difference between local government using satellite, aerial, or drone imagery when ground sample distance are converging to 15cm or less for all three platforms? Is it the 'word' drone that bothers us? Might be less sexy, but it might be a good idea to go back and call drones - model aircraft, which are governed by different laws...
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Drones and privacy 3 19-14

  1. 1. UAVs: A Challenge to Existing Privacy Constructs March 19, 2014 Kevin D. Pomfret Centre for Spatial Law and Policy
  2. 2. 2 Drones and Privacy Should be Considered in Larger Context
  3. 3. Technology Has Created . . . 3
  4. 4. . . .Privacy Paradox 4
  5. 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. 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. 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. 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. 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. 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. 11. Thank You! Questions? Kevin Pomfret Executive Director Centre for Spatial Law and Policy +1 804 928 5870 kevin@spatiallaw.com 11

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