drones and privacy 3 19-14
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UAV and PrivacyTRANSCRIPT
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
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