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Drones: A Potential Privacy Issue?

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Drones are gaining in popularity in all fields. They are being used by both the government and private citizens. This raises the question of privacy when it comes to these unmanned aircraft systems, or UAS for short.

What are the limits of law enforcement’s and personal use of drones when concerning privacy? Kevin Moon is an aviation attorney and he states that, as the use of drones increases substantially, so will the privacy claims against private citizens, businesses, and government bodies. He believes that this new technology will drastically change our lives. Amongst other things, he mentions that it will change the way we conduct law enforcement.

Moon had a lot to say when discussing some of the privacy issues in relation to drone surveillance. One of the things he mentions is that the existing privacy laws haven’t yet been applied to drones. However, he does believe that current common law will be enough to deal with small court disputes involving UAS.

Another area where he says additional legislation is needed is data collection and retention. He also talks about the difference in responsibility between law enforcement and personal use. He says that law enforcement needs to care more about the Fourth Amendment, while the average citizen will be more concerned about privacy laws. He specifically states that citizens will still have their privacy protected from the police by the Fourth Amendment when it comes to data collected by drones. Moon says that the current laws will be enough to bring any legal issues concerning drones to court. After that, the matters will continue to be moderated by both the court system and the court of public opinion. The most important part, he exclaims, is that we do our part by making relevant civil claims and electing appropriate representatives to pass sensible laws.

 

Original Via UAS Magazine:

As drone uses increase—ranging from hobbyist flights to law enforcement agencies conducting surveillance operations—legal questions related to privacy are also likely to increase.

What constitutes an unlawful search while observing criminal activity? How much of a right to privacy does someone have from a next-door neighbor’s drone? What happens to data collected by commercial unmanned aircraft operators?

Kevin Moon, an aviation attorney and senior counsel for the Clyde & Co law firm in the San Francisco area, says that the increased use of unmanned aircraft systems (UAS) will lead to increased privacy claims against government entities, private citizens and businesses.

See the full article here:
http://uasmagazine.com/articles/1814/qa-aviation-attorney-tackles-the-drones-and-privacy-issue

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