by Scott Kesselman

Sen. John D. Rockefeller IV, chairman of the Senate Commerce, Science and Transportation Committee, announced draft legislation to address privacy concerns around the operation of unmanned aircraft systems.



The Unmanned Aircraft Systems Privacy Act of 2014 will require commercial operators to adopt and abide by privacy policies for the collection and use of personal information. Civil operators will also be required to establish privacy policies to be posted on a public website hosted by the Federal Trade Commission. 



“This bill addresses my concern that the rapidly increasing use of commercial drones will compromise the privacy of American consumers unless safeguards are put in place,” says Rockefeller. “Earlier this year, I held a hearing in the Commerce Committee on the emergence of UAS and, while their use is rapidly increasing and hold great promise for American businesses and consumers, they also pose a significant privacy risk if we do not deal with such matters up front.”



Under the proposed legislation, private companies will be prohibited from conducting surveillance on individuals without their explicit prior consent.



The FTC, in consultation with the Department of Transportation, will promote privacy rules and guidelines including creating legal obligations of model UAS operators. The FTC and state attorneys general would be responsible for enforcing the bill.



The act will also direct the National Institute of Standards and Technology to conduct a study of lightweight, low-cost solutions for transmitting identification information from a UAS. The DOT would develop remote identification transmission regulations for the manufacture and operation of small unmanned aircraft and publish voluntary remote identification guidelines for hobbyists.



Persons who suffer physical harm or an invasion of privacy will be provided a private right of action and the FTC will have the authority to revise regulations as necessary. 

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