Now that the Federal Aviation Administration
(FAA) has begun to allow UAVs to be used for commercial purposes in the U.S. (albeit
for limited purposes) one should expect there to be increased attention paid to
the potential privacy concerns. That is why I found reports of a recent Government Accountability Office’s (GAO) audit of the U.S. Customs and Border Protection’s (CBP) privacy
practice with respect to its use of UAVs to be of value. In its presentation,
the GAO reported that the CBP had developed appropriate procedures to protect
civil liberties and privacy. While commercial operators are subject to
different laws and policies than U.S. government agencies, the GAO
audit is instructive as to some of the measures operators should consider as
they begin to use UAVs for commercial purposes.
The GAO noted that the CBP primarily operated
UAVs only within the designated areas to help ensure that sensors “only capture
images and information necessary for the authorized mission” The limited
deviations outside of the designated areas were primarily due to weather and
pilot error.
The GAO also found that the CBP took a number of
measures to ensure that the imagery and radar data that was collected was
properly secured, stored and disseminated. These measures included: (i) encrypting the transmission of UAV video; (ii) restricting access to real-time video to authorized users; (iii) restricting disclosure of analytical products that contain
UAV-obtained images; (iv) identifying sensitive information prior to disclosure; (v) maintaining a log to track the dissemination of all analytical
products that contain UAV-obtained images; and (vi) handling UAV-obtained images that are to be used as evidence in
accordance with rules of evidence.
The GAO noted that all CBP employees are required
to complete annual training in privacy awareness, civil rights and civil
liberties, ethics and the CBP Code of Conduct. In addition, law enforcement
officers must take additional training focused on privacy, civil rights, and
civil liberties issues related to the collection, processing and safeguarding
of evidence.
UAVs are increasingly being seen as disruptive
technology, causing lawmakers and regulators at both the federal and state
level to take a hard look at means to protect privacy from overhead sensors. As a
result, operators of UAVs should keep the measures cited above in mind as they begin
commercial operations, particularly if they are working on behalf of government clients. (It is interesting to note that CBP apparently takes
these measures even though its UAVs fly “primarily at an altitude between
19,000 and 28,000 feet, where the video images do not permit identification of
individuals or license plates.”)
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