FAA Sued Over Failure to Propose Privacy Rules Related to Commercial Drone Use
On Tuesday, March 31, 2015, the Electronic Privacy Information Center (“EPIC”) filed a petition for review of the FAA’s decision not to address privacy issues in their proposed regulation on commercial drone use.
In 2012, EPIC sent a letter to the FAA highlighting the threat posed to privacy and civil liberties by both commercial and government use of drones. The letter discussed use of drones by the Bureau of Customs and Border Protection and local law enforcement agencies. EPIC also suggested that privacy is threatened by commercial use of drones. EPIC observed the development of “paparazzi drones” as well as increased drone use by private detectives. In part, EPIC requested that the FAA “examine and report on the impact on privacy to individuals within the scope of their comprehensive plan to safely integrate civil drones into the national airspace.”
Under the criteria laid out in 14 CFR § 11.73 for consideration of a petition for rulemaking, the FAA denied EPIC’s request because the issue was not “an immediate safety concern.” Additionally, the FAA noted that it “has begun a rulemaking addressing civil operation of small unmanned aircraft systems in the national airspace system” and EPIC’s comments would be considered in that effort. As noted in our February 17, 2015 post, the proposed rule is silent on the issue of privacy but, on the same day the proposed rule was released, the President issued a memorandum which requires the National Telecommunications & Information Administration to create voluntary rules for privacy, accountability, and transparency in commercial drone use.
EPIC’s petition asks the court to review the FAA’s denial of the request for rulemaking. EPIC also requests the court set aside the FAA’s proposed rule on commercial drone use for its failure to propose drone privacy rules and remand to the agency.