EPIC & ACLU Respond to FAA’s Proposed Rule for Beyond Visual Line of Sight Drone Operations; Urge Agency to Implement Privacy Protections

EPIC and the ACLU submitted a joint comment to the FAA regarding the agency’s proposed rule to normalize Beyond Visual Line of Sight (BVLOS) drone operations. The two organizations argued that without proper privacy protections the public will not accept the increase in drones in the national airspace, stating “If BVLOS drone operations are to thrive, the FAA must consider the surveillance implications of routine and scaled BVLOS flights, how such flights could harm Americans’ privacy (real or perceived), and what is required to maximize the benefit of drones while minimizing the privacy harms.” The organizations noted the failure to implement privacy protections contributed to the mass hysteria over unknown drones flying in the night sky last year. EPIC and the ACLU called for the FAA to implement transparency requirements for BVLOS drone operations that would inform the public of the surveillance capabilities, the data collected, and the data used, among other information. Specifically, EPIC and the ACLU urged the FAA to implement privacy impact assessments for BVLOS drone operations and also update the Drone ID requirement to give bystanders on the ground real-time transparency into what the drones in their vicinity are doing. EPIC previously submitted comments to the FAA regarding the agency’s proposed rule for a drone ID requirement.