Drone Aircraft Privacy and Transparency Act of 2017
Latest action (15 Mar 2017): Introduced
What this bill does
The Drone Aircraft Privacy and Transparency Act of 2017 would amend the FAA Modernization and Reform Act of 2012 to add privacy and transparency requirements as drones are integrated into U.S. airspace. It would require the Secretary of Transportation to issue rules ensuring drone integration complies with internationally recognized privacy principles, and would require applicants for FAA authorization to operate drones to submit "data collection statements" describing how personal information will be gathered, used, and protected. Law enforcement agencies and contractors would additionally need "data minimization statements" describing policies for limiting and destroying collected data. The FAA would have to publicly post authorization details, including operators, equipment capabilities, and data practices. Government use of drones for surveillance, law enforcement, or intelligence purposes generally would require a warrant, with exceptions for emergencies. News-gathering activities are exempted from most requirements.
The bill affects drone operators (commercial, government, and law enforcement), the FAA, the Federal Trade Commission, and members of the public whose privacy could be affected by drone surveillance. It creates enforcement mechanisms, including FTC authority, state attorney general lawsuits, a private right of action allowing individuals to sue for damages, and license revocation for violations.
The bill was introduced in the Senate on March 15, 2017, by Senator Edward Markey and referred to the Committee on Commerce, Science, and Transportation. It did not receive a vote and did not advance further in the 115th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Drone Aircraft Privacy and Transparency Act of 2017
This bill amends the FAA Modernization and Reform Act of 2012 to direct the Department of Transportation (DOT) to establish procedures to ensure that the integration of unmanned aircraft (drone) systems into the national airspace system is done in compliance with privacy principles. Such procedures shall not apply to a drone system operated for news-gathering activities protected by the First Amendment to the Constitution.
DOT may not approve, issue, or award any certificate, license, or other grant of authority to operate a drone system in the national airspace system unless the pertinent application includes a data collection statement that provides reasonable assurance that the applicant will operate the drone in accordance with privacy principles. The same requirement shall apply to any drone system to be operated by a law enforcement agency, except that the application shall include a data minimization statement, instead of a data collection statement, that provides the same assurance.
The Federal Aviation Administration (FAA) shall make any approved grant of authority, each such statement, and information about the drone's owner, operator, and technical capability available in a searchable format on the public FAA website.
A governmental entity may not use a drone system, or request information collected by another entity through a drone system, for protective activities or for law enforcement or intelligence purposes except pursuant to a warrant or as permitted under the Foreign Intelligence Surveillance Act of 1978, except when: (1) a law enforcement entity reasonably believes there is an imminent danger of death or serious physical injury, or (2) the Department of Homeland Security determines that credible intelligence indicates there is a high risk of an imminent terrorist attack by a specific individual or organization.
It shall be unlawful to operate a drone system in a manner that is not in accordance with the terms of a data collection statement or that violates the rule implementing the procedures required by this bill. Any such violation shall be treated as an unfair or deceptive act or practice under the Federal Trade Commission Act. This bill provides for enforcement by the Federal Trade Commission, by a civil action brought by a state, or by a private action.
The FAA shall revoke the certificate, license, or other grant of authority of a drone system operated in a violation of this bill.
Common questions
- What does S. 631 do?
- The Drone Aircraft Privacy and Transparency Act of 2017 would amend the FAA Modernization and Reform Act of 2012 to add privacy and transparency requirements as drones are integrated into U.S. airspace. It would require the Secretary of Transportation to issue rules ensuring drone integration complies with internationally recognized privacy principles, and would require applicants for FAA authorization to operate drones to submit "data collection statements" describing how personal information will be gathered, used, and protected. Law enforcement agencies and contractors would additionally need "data minimization statements" describing policies for limiting and destroying collected data. The FAA would have to publicly post authorization details, including operators, equipment capabilities, and data practices. Government use of drones for surveillance, law enforcement, or intelligence purposes generally would require a warrant, with exceptions for emergencies. News-gathering activities are exempted from most requirements. The bill affects drone operators (commercial, government, and law enforcement), the FAA, the Federal Trade Commission, and members of the public whose privacy could be affected by drone surveillance. It creates enforcement mechanisms, including FTC authority, state attorney general lawsuits, a private right of action allowing individuals to sue for damages, and license revocation for violations. The bill was introduced in the Senate on March 15, 2017, by Senator Edward Markey and referred to the Committee on Commerce, Science, and Transportation. It did not receive a vote and did not advance further in the 115th Congress.
- Has S. 631 become law?
- Not yet. As of 15 Mar 2017, S. 631 is introduced.
- Who sponsored S. 631?
- S. 631 was sponsored by Sen. Edward “Ed” Markey [D-MA] (Democrat-MA), with 0 cosponsors.
- What's the latest action on S. 631?
- Introduced (15 Mar 2017).
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