Unmanned Aircraft System in the United States

Introduction to Unmanned Aircraft System

“Unmanned Aircraft System” means an unmanned aircraft (an aircraft that is operated without direct human intervention from within or on the aircraft) and associated elements (including communication links and components that control the unmanned aircraft) that are required for the pilot or system operator in command to operate safely and efficiently in the National Airspace System.

Presidential Memoranda

Presidential Memoranda regarding with the Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems (February 15, 2015):

“(…) As Unmanned Aircraft Systems are integrated into the NAS, the Federal Government will take steps to ensure that the integration takes into account not only our economic competitiveness and public safety, but also the privacy, civil rights, and civil liberties concerns these systems may raise.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish transparent principles that govern the Federal Government’s use of UAS in the NAS, and to promote the responsible use of this technology in the private and commercial sectors, it is hereby ordered as follows:

Unmanned Aircraft Systems Policies and Procedures for Federal Government Use

The Federal Government currently operates UAS in the United States for several purposes, including to manage Federal lands, monitor wildfires, conduct scientific research, monitor our borders, support law enforcement, and effectively train our military. As with information collected by the Federal Government using any technology, where UAS is the platform for collection, information must be collected, used, retained, and disseminated consistent with the Constitution, Federal law, and other applicable regulations and policies. Agencies must, for example, comply with the Privacy Act of 1974 (5 U.S.C. 552a) (the “Privacy Act”), which, among other things, restricts the collection and dissemination of individuals’ information that is maintained in systems of records, including personally identifiable information (PII), and permits individuals to seek access to and amendment of records.

Privacy Protections

Particularly in light of the diverse potential uses of Unmanned Aircraft Systems in the NAS, expected advancements in UAS technologies, and the anticipated increase in UAS use in the future, the Federal Government shall take steps to ensure that privacy protections and policies relative to UAS continue to keep pace with these developments. Accordingly, agencies shall, prior to deployment of new UAS technology and at least every 3 years, examine their existing UAS policies and procedures relating to the collection, use, retention, and dissemination of information obtained by UAS, to ensure that privacy, civil rights, and civil liberties are protected. Agencies shall update their policies and procedures, or issue new policies and procedures, as necessary.

In addition to requiring compliance with the Privacy Act in applicable circumstances, agencies that collect information through Unmanned Aircraft Systems in the NAS shall ensure that their policies and procedures with respect to such information incorporate the following requirements:

Collection and Use. Agencies shall only collect information using Unmanned Aircraft Systems, or use UAS-collected information, to the extent that such collection or use is consistent with and relevant to an authorized purpose.
Retention. Information collected using Unmanned Aircraft Systems that may contain PII shall not be retained for more than 180 days unless retention of the information is determined to be necessary to an authorized mission of the retaining agency, is maintained in a system of records covered by the Privacy Act, or is required to be retained for a longer period by any other applicable law or regulation.
Dissemination. Unmanned Aircraft Systems-collected information that is not maintained in a system of records covered by the Privacy Act shall not be disseminated outside of the agency unless dissemination is required by law, or fulfills an authorized purpose and complies with agency requirements.

Civil Rights and Civil Liberties Protections

To protect civil rights and civil liberties, agencies shall:

ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law;
ensure that Unmanned Aircraft SystemsU activities are performed in a manner consistent with the Constitution and applicable laws, Executive Orders, and other Presidential directives; and
ensure that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, civil rights, and civil liberties complaints.

Accountability

To provide for effective oversight, agencies shall:

ensure that oversight procedures for agencies’ Unmanned Aircraft Systems use, including audits or assessments, comply with existing agency policies and regulations;
verify the existence of rules of conduct and training for Federal Government personnel and contractors who work on Unmanned Aircraft Systems programs, and procedures for reporting suspected cases of misuse or abuse of UAS technologies;
establish policies and procedures, or confirm that policies and procedures are in place, that provide meaningful oversight of individuals who have access to sensitive information (including any PII) collected using UAS;
ensure that any data-sharing agreements or policies, data use policies, and record management policies applicable to Unmanned Aircraft Systems conform to applicable laws, regulations, and policies;
establish policies and procedures, or confirm that policies and procedures are in place, to authorize the use of UAS in response to a request for UAS assistance in support of Federal, State, local, tribal, or territorial government operations; and
require that State, local, tribal, and territorial government recipients of Federal grant funding for the purchase or use of Unmanned Aircraft Systems for their own operations have in place policies and procedures to safeguard individuals’ privacy, civil rights, and civil liberties prior to expending such funds.

Transparency

To promote transparency about their UAS activities within the NAS, agencies that use Unmanned Aircraft Systems shall, while not revealing information that could reasonably be expected to compromise law enforcement or national security:

provide notice to the public regarding where the agency’s UAS are authorized to operate in the NAS;
keep the public informed about the agency’s Unmanned Aircraft Systems program as well as changes that would significantly affect privacy, civil rights, or civil liberties; and
make available to the public, on an annual basis, a general summary of the agency’s Unmanned Aircraft Systems operations during the previous fiscal year, to include a brief description of types or categories of missions flown, and the number of times the agency provided assistance to other agencies, or to State, local, tribal, or territorial governments.

Reports

Within 180 days of the date of this memorandum, agencies shall provide the President with a status report on the implementation of this section. Within 1 year of the date of this memorandum, agencies shall publish information on how to access their publicly available policies and procedures implementing this section. (…)”

Definitions

As used in this memorandum:

“Agencies” means executive departments and agencies of the Federal Government that conduct Unmanned Aircraft Systems operations in the NAS.
“Federal Government use” means operations in which agencies operate UAS in the NAS. Federal Government use includes agency Unmanned Aircraft Systems operations on behalf of another agency or on behalf of a State, local, tribal, or territorial government, or when a nongovernmental entity operates UAS on behalf of an agency.
“National Airspace System” means the common network of U.S. airspace; air navigation facilities, equipment, and services; airports or landing areas; aeronautical charts, information, and services; related rules, regulations, and procedures; technical information; and manpower and material. Included in this definition are system components shared jointly by the Departments of Defense, Transportation, and Homeland Security.
“Personally identifiable information” refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, as set forth in Office of Management and Budget Memorandum M-07-16 (May 22, 2007) and Office of Management and Budget Memorandum M-10-23 (June 25, 2010).