On August 29, 2016, the Federal Aviation Administration’s (“FAA”) long-awaited small unmanned aircraft systems (“UAS” or “drone”) rule went into effect, for the first time broadly authorizing commercial drone operations.  This is a positive step, as drones have great safety and efficiency benefits for the public.  Nevertheless, the American public remains concerned about drone privacy issues.

The prevailing thinking among privacy watchers is that the FAA punted on the issue of drone privacy standards in the rule.  The rule does not include privacy-specific standards, and the FAA unequivocally stated that it lacks the authority to regulate the privacy aspects of drone operations.  One privacy advocacy group, the Electronic Privacy Information Center, is challenging the FAA’s decision, arguing that it was unlawful for the agency to choose not to create drone privacy standards.

Whether or not it is a good idea for the FAA to regulate privacy, the new safety rule does have real privacy implications.  The de facto privacy standards provided by the FAA’s regulations by no means provide a comprehensive commercial drone privacy framework, but they do provide some level of privacy protection.  These rules, coupled with state and local UAS privacy laws and general rules that prohibit unfair or deceptive acts or practices, peeping toms, trespassing, and nuisance, as well as voluntary industry commitments regarding privacy, provide a glimpse into what the near-term privacy landscape for civil drones looks like.