As we await Federal Aviation Administration (“FAA”) proposed rules regarding the operation of drones that weigh less than 55 pounds, other parts of the federal government appear poised to scrutinize the privacy issues associated with drones. Even though the FAA has statutory authority to “provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable,” the FAA has suggested that the agency will not address privacy or data collection and use issues in its rulemaking. Nonetheless, the Administration and Congress are beginning to take notice of potential privacy issues surrounding the expected private operation of drones in our airspace.

Specifically, President Obama reportedly will issue an Executive Order addressing privacy issues related to the operation of drones. In addition, draft drone privacy legislation has been circulated on the Hill. This recent federal scrutiny follows last year’s efforts by state legislatures to enact limitations on the ability of companies to use drones to collect information about consumers, both in public spaces and on private property.