The Electronic Privacy Information Center ("EPIC") recently submitted comments to the FAA regarding the soon to be announced registration program for drone hobbyists.  EPIC urged the FAA to consider both privacy and safety risks in developing the regulations which will form the framework for registration of all drones in the national airspace.

EPIC noted its long-standing concern for privacy, and in particular its position regarding drones and privacy issues. EPIC expressed its concerns for the privacy not only of persons who may be the potential subject of drone surveillance, but also for drone hobbyists who will be required to register.

Specifically, EPIC urged that all drones be required to include a GPS tracking feature to broadcast information regarding not only the location, speed, and course of the drone, but also identifying and contact information of the drone owner. And for any drone with specific capabilities, EPIC urged the FAA to consider requiring owners to provide the following information at the time of registration.

  • Drones carrying video surveillance technology would be required to provide information regarding its capabilities, such as "resolution, frame rate, and zoom range".
  • Drones carrying audio surveillance technology would be required to disclose the "capabilities to capture and record audio communications or broadcasts".
  • Drones that possess the technology to intercept signal communications, perform human recognition functions at a distance, or that are capable of any other advanced surveillance would be required to disclose not only the surveillance capabilities, but also the anticipated use.

EPIC also noted its concerns that the FAA takes steps to implement privacy protections for drone operators who register their drones. In particular, EPIC requested the FAA to protect personal identifying information of registrants, similar to how states protect driver records. Specifically, a general prohibition on the disclosure of a registrant's name, address, and phone number. Finally, that FAA was requested to limit the information it collects regarding registrants to only the information necessary to create and maintain the registry.

A broad cross-section of organizations and individuals have a keen interest in the specific registration requirements that will be announced by the FAA. We will continue to follow this topic and provide insight and updates.

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