As a uniquely transformative technology, drones have the capacity to enrich our daily lives with innovative services, safer infrastructure, new forms of recreation, and countless economic opportunities. These positive characteristics, however, cannot erase the risks drones pose to individual privacy. But the FAA opted not to include any privacy provisions in Part 107 for one important reason: it couldn't.
Drone technology sparks concerns about personal privacy, data privacy, private property rights, and intellectual property rights—often stemming from cameras and other high-tech equipment installed on drones. But there appears to be little agreement about the extent to which drone integration poses risks for privacy intrusions, how privacy concerns should be addressed, and the FAA's role in efforts to address these concerns.
In response to its Notice of Proposed Rulemaking entitled Operation and Certification of Small Unmanned Aircraft System, the FAA received voluminous commentary that revealed deep discord on privacy issues from the public, industry stakeholders, and other agencies with authority and expertise. See 80 FR 9544, Feb. 23, 2015.
Many commenters raised concerns about drone operations over private property without approval from businesses, institutions, or property owners. Some asserted that the FAA should include provisions in Part 107 to protect privacy; others suggested the FAA address privacy in a future rulemaking. Still others took the position that privacy regulations are beyond the scope of this rulemaking and FAA authority or asserted that existing law already adequately addresses privacy issues.
Many commenters emphasized that privacy concerns are best addressed at the state level. Some recommended a federally commissioned review of 1) the technological neutrality of FAA drone proposed rules led by the Department of Commerce and 2) of the adequacy of comparative technology-neutral privacy regulations led by the Department of Justice.
Among policymakers, industry, advocacy groups and members of the public, it is clear that a substantial debate is ongoing regarding the extent to which drone operations pose truly novel privacy issues, and whether those issues are addressed by existing legal frameworks.
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