Few Privacy Limitations Exist on How Police Use Drones

Natl Journal 

As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.

But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.

Agencies as large as the Michigan State Police and as small as the Grand Forks County [N.D.] Sheriff's Department have received FAA approval to use drones. Most departments use them for missions like search-and-rescue or for photographing a crime scene or an accident site.

But unless a law enforcement agency is within one of the 14 states that have passed privacy legislation limiting how police can use drones, there's little in theory keeping it from using a drone for a less innocuous end—such as surveillance without a warrant. "While the federal government retains responsibility for the airspace, under most circumstances a state/local government can impose restrictions on the agencies for which it's responsible," an FAA spokesperson said in an emailed statement.

Members in the House and Senate introduced bills in the previous Congress that would have required police everywhere in the country to obtain a warrant before using drones for surveillance, but the bills died at the end of the year.