The FAA received about 180 comments on the NPRM raising concerns about the
potential impacts of small UAS operations on privacy. Most commenters expressed support
for UAS integration and recognized the many benefits of this technology across diverse
industries, but commenters discussed concerns regarding personal privacy, data privacy,
private property rights and intellectual property rights.
Although the FAA regulates the safe and efficient operation of all aircraft within
the NAS, the FAA has never extended its administrative reach to regulate the use of
cameras and other sensors extraneous to the airworthiness or safe operation of the aircraft
in order to protect individual privacy.
The University of North Georgia commented that privacy
concerns are minimal provided flights are operated in accordance with FAA rules, and
images are acquired from 300 feet or above and are not obtained using facial recognition
technology.
Overall, the comments demonstrate a lack of consensus regarding the extent to
which UAS integration poses potential risks for privacy intrusions, how privacy concerns
should be addressed, and the FAA’s role in efforts to address these concerns. In response,
the FAA notes that its mission is to provide the safest, most efficient aerospace system in
the world, and does not include regulating privacy.
None of the UAS-related provisions of Public Law 112-95 directed the FAA to
consider privacy issues when addressing the integration of small UAS into the airspace, or
mandated the inclusion of privacy considerations in the UAS Comprehensive Plan.
Privacy Issues are regulated by State & Local agencies, for example in my State & County
Members of the public have a very
limited scope of privacy rights when
they are in public places. Basically,
anyone can be photographed without
their consent except when they have
secluded themselves in places where
they have a reasonable expectation of
privacy such as dressing rooms, restrooms,
medical facilities, and inside
their homes
