Drone Aircraft Privacy and Transparency Act of 2013

“337. Privacy study and report

“(a) Study—The Secretary of Transportation, in consultation with the Secretary of Commerce, the Chairman of the Federal Trade Commission, and the Chief Privacy Officer of the Department of Homeland Security, shall carry out a study that identifies any potential threats to privacy protections posed by the integration of unmanned aircraft systems into the national airspace system, including any potential violations of the privacy principles.

“(b) Report—Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall submit a report on the study conducted under subsection (a) to—

“(1) the Committee on Transportation and Infrastructure of the House of Representatives;

“(2) the Committee on Energy and Commerce of the House of Representatives;

“(3) the Committee on Homeland Security of the House of Representatives;

“(4) the Committee on Environment and Public Works of the Senate;

“(5) the Committee on Commerce, Science, and Transportation of the Senate; and

“(6) the Committee on Homeland Security and Governmental Affairs of the Senate.

“(c) Definitions—For purposes of this section and the succeeding sections of this subtitle—

“(1) the term privacy protections means protections that relate to the use, collection, and disclosure of information and data about individuals and groups of individuals;

“(2) the term privacy principles means the principles described in Part Two of the Organization for Economic Co-operation and Development guidelines titled Annex to the Recommendation of the Council of 23rd September 1980: Guidelines Governing The Protection Of Privacy And Transborder Flows Of Personal Data, adopted by the Organization for Economic Co-operation and Development on September 23, 1980; and

“(3) the term law enforcement means—

“(A) any entity of the United States or of a State or political subdivision thereof, that is empowered by law to conduct investigations of or to make arrests for offenses; and

“(B) any entity or individual authorized by law to prosecute or participate in the prosecution of such offenses.

“338. Rulemaking

“As part of the rulemaking process required under section 332(b)(1) and the final rule adopted under such section, the Secretary of Transportation shall establish procedures to ensure that the integration of unmanned aircraft systems into the national airspace system is done in compliance with the privacy principles.

“339. Data collection statements and data minimization statements

“(a) In general—Beginning on the date of enactment of this section, the Secretary of Transportation may not approve, issue, or award any certificate, license, or other grant of authority to operate an unmanned aircraft system in the national airspace system unless the application for such certificate, license, or other grant of authority includes—

“(1) a data collection statement in accordance with the requirements of subsection (b) that provides reasonable assurance that the applicant will operate the unmanned aircraft system in accordance with the privacy principles; and

“(2) in the case of such an unmanned aircraft system that is to be operated by a law enforcement agency or a law enforcement agency contractor or subcontractor, a data minimization statement in accordance with the requirements of subsection (c) that provides reasonable assurance that the applicant will operate the unmanned aircraft system in accordance with the privacy principles.

“(b) Data collection statement—A data collection statement under subsection (a), with respect to an unmanned aircraft system, shall include information identifying—

“(1) the individuals or entities that will have the power to use the unmanned aircraft system;

“(2) the specific locations in which the unmanned aircraft system will operate;

“(3) the maximum period for which the unmanned aircraft system will operate in each flight;

“(4) whether the unmanned aircraft system will collect information or data about individuals or groups of individuals, and if so—

“(A) the circumstances under which such system will be used; and

“(B) the specific kinds of information or data such system will collect about individuals or groups of individuals and how such information or data, as well as conclusions drawn from such information or data, will be used, disclosed, and otherwise handled, including—

“(i) how the collection or retention of such information or data that is unrelated to the specified use will be minimized;

“(ii) whether such information or data might be sold, leased, or otherwise provided to third parties, and if so, under what circumstances it might be so sold or leased;

“(iii) the period for which such information or data will be retained; and

“(iv) when and how such information or data, including information or data no longer relevant to the specified use, will be destroyed;

“(5) the possible impact the operation of the unmanned aircraft system may have upon the privacy of individuals;

“(6) the specific steps that will be taken to mitigate any possible impact identified under paragraph (5), including steps to protect against unauthorized disclosure of any information or data described in paragraph (4), such as the use of encryption methods and other security features that will be used;

“(7) a telephone number or electronic mail address that an individual with complaints about the operation of the unmanned aircraft system may use to report such complaints and to request confirmation that personally identifiable data relating to such individual has been collected;

“(8) in the case that personally identifiable data relating to such individual has been collected, a reasonable process for such individual to request to obtain such data in a timely and an intelligible manner;

“(9) in the case that a request described in paragraph (8) is denied, a process by which such individual may obtain the reasons for the denial and challenge the denial; and

“(10) in the case that personally identifiable data relating to such individual has been collected, a process by which such individual may challenge the accuracy of such data and, if the challenge is successful, have such data erased or amended.

“(c) Data minimization statement—A data minimization statement described in this subsection, with respect to an unmanned aircraft system operated by a law enforcement agency, contractor, or subcontractor described in subsection (a)(2), shall detail the applicable—

“(1) policies adopted by the agency, contractor, or subcontractor, respectively, that—

“(A) minimize the collection by the unmanned aircraft system of information and data unrelated to the investigation of a crime under a warrant;

“(B) require the destruction of such information and data, as well as of information and data collected by the unmanned aircraft system that is no longer relevant to the investigation of a crime under a warrant or to an ongoing criminal proceeding; and

“(C) establish procedures for the method of such destruction; and

“(2) audit and oversight procedures adopted by the agency, contractor, or subcontractor, respectively, that will ensure that such agency, contractor, or subcontractor, respectively, uses the unmanned aircraft system in accordance with the parameters outlined in the data collection statement and the statement required by this subsection.

“340. Disclosure of approved certificates, licenses, and other grants of authority

“(a) In general—The Administrator of the Federal Aviation Administration shall make available on the public Internet Web site of the Federal Aviation Administration in a searchable format—

“(1) the approved certificate, license, or other grant of authority for each unmanned aircraft system awarded a certificate, license, or other grant of authority to operate in the national airspace system, including any such certificate, license, or other grant of authority awarded prior to the date of enactment of this section;

“(2) information detailing where, when, and for what period each unmanned aircraft system will be operated;

“(3) information detailing any data security breach that occurs with regard to information collected by an unmanned aircraft system; and

“(4) in the case of a certificate, license, or other grant of authority awarded on or after the date of enactment of this section to operate an unmanned aircraft system in the national airspace system, the data collection statement described in section 339(b) and, if applicable, the data minimization statement described in section 339(c) required with respect to such unmanned aircraft system.

“(b) Deadline—The Administrator shall complete the requirements under subsection (a) with regard to each unmanned aircraft system—

“(1) in the case of a certificate, license, or other grant of authority awarded before the date of enactment of this section, not later than 90 days after such date of enactment; and

“(2) in the case of a certificate, license, or other grant of authority awarded on or after the date of enactment of this section, as soon as is practicable after the date of approval of such certificate, license, or other grant of authority.

“341. Warrants required for generalized surveillance

“(a) In general—A public agency, entity, or individual officially representing a public agency or entity may not use an unmanned aircraft system or request information or data collected by another entity using an unmanned aircraft system for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

“(b) Exception

“(1) In general—Subsection (a) shall not apply in exigent circumstances (as defined in paragraph 2).

“(2) Exigent circumstances defined—Exigent circumstances exist when a public agency, entity, or individual officially representing such public agency or entity reasonably believes—

“(A) there is imminent danger of death or serious physical injury;

“(B) there is a high risk of a terrorist attack by a specific individual or organization, when the Secretary of Homeland Security has determined that credible intelligence indicates there is such a risk; or

“(C) a search and rescue mission is appropriate.

“(3) Required documentation—In the case of a public agency, entity, or individual officially representing such agency or entity operating an unmanned aircraft system under the exception for exigent circumstances created by paragraph (1), documentation justifying the exception shall be submitted to the Secretary of Transportation not later than 7 days after the date of the relevant unmanned aircraft system flight.

“(4) Information or data unrelated to exigent circumstances—A public agency, entity, or individual officially representing such agency or entity operating an unmanned aircraft system under the exception for exigent circumstances created by paragraph (1) shall minimize the collection by the unmanned aircraft system of information and data unrelated to the exigent circumstances, and if such unmanned aircraft system incidentally collects any such information or data while being operated under such exception, the person or entity operating the unmanned aircraft system shall destroy such information and data.

“(5) Prohibition on information sharing—A public agency, entity, or individual officially representing such public agency or entity shall not intentionally divulge information collected in accordance with this section with any other person or entity, except as authorized by law.

“(6) Prohibition on use as evidence—Whenever information has been collected by means of use of an unmanned aircraft system, no part of the contents of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof unless that information is collected in accordance with this section.”