Just before the holidays, a Department of Homeland Security (DHS) working group released guidance for state and local agencies using drone aircraft. The document, Best Practices for Protecting Privacy, Civil Rights & Civil Liberties In Unmanned Aircraft Systems Programs, addresses concerns over the implications of high-tech tools that, without rigorous controls and oversight embedded in law and embodied in code, can easily be abused. Process and substance to prevent predictable abuses Some aspects of the guidance construct a robust process surrounding the adoption of drones. For instance, it suggests consultation with legal counsel and issue experts, as well as a clear definition of a program’s mission and scope. The guidance also recommends ongoing assessment of privacy impacts and a redress program. Other more substantive provisions address the use of drones themselves. For instance, the DHS guidance suggests limits on how drones collect data, how the data used, how…
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