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As we previously reported, the Federal Aviation Administration’s (“FAA’s”) proposed “small drone rule” nears completion of the interagency review process, but one potential stumbling block has been removed, at least for now. On Tuesday, May 10, 2016, the U.S. Court of Appeals for the D.C. Circuit denied a request by the Electronic Privacy Information Center (“EPIC”) to review the FAA’s decision not to include privacy provisions in its Notice of Proposed Rulemaking for the Operation and Certification of Small Unmanned Aircraft Systems (“NPRM”), as well as its denial of an EPIC petition to the same effect. The court decided that there were no reasonable grounds for EPIC’s delay in filing for review of the FAA’s denial of EPIC’s 2012 petition that sought to cause the FAA to promulgate privacy regulations pertaining to drones. The court further concluded that EPIC’s challenge to the NPRM itself is premature, as the rule is not yet final.
Continue Reading Privacy Provisions Not Included in Small Drone Rule

On May 3, 2016, the Federal Aviation Administration announced the establishment of a Drone Advisory Committee intended to increase transparency and collaboration between the FAA and key stakeholders in the ongoing effort to develop and implement an overall integration strategy for Unmanned Aircraft Systems.
Continue Reading Looking Beyond the Small Drone Rule? The FAA Announces a Drone Advisory Committee

On March 31, 2015, the Electronic Privacy Information Center (“EPIC”) filed a petition (the “Petition”) with the U.S. Court of Appeals for the District of Columbia Circuit accusing the Department of Transportation’s Federal Aviation Administration (“FAA”) of unlawfully failing to include privacy rules in the FAA’s proposed framework of regulations for unmanned aircraft systems (“UAS”), otherwise known as drones. The Petition stems from the FAA’s November 2014 denial of another EPIC petition calling for the FAA to address the threat of privacy and civil liberties associated with the deployment of aerial drones within the U.S.
Continue Reading Privacy Group Requests D.C. Circuit Review Regarding Lack of Privacy Rules in the FAA’s Proposed Drone Regulations

On February 15, 2015, the White House released a Presidential Memorandum to address the privacy, civil rights and civil liberties concerns associated with the federal government’s use of Unmanned Aircraft Systems. This blog entry provides a link to the Client Alert with key highlights from the Memorandum.
Continue Reading White House Sets Privacy Expectations for the Federal Government’s Use of Unmanned Aircraft Systems