Bill Text: HI SB579 | 2015 | Regular Session | Amended
Bill Title: Unmanned Aircraft Systems; Right to Privacy
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2015-02-20 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB579 Detail]
Download: Hawaii-2015-SB579-Amended.html
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THE SENATE |
S.B. NO. |
579 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNMANNED AIRCRAFTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that unmanned aircraft technology is rapidly developing. Public Law 112-95 (2012) requires the Federal Aviation Administration to "accelerate the integration of civil unmanned aircraft systems into the national airspace system". While unmanned aircraft technology offers more efficient and cost saving methods to gather information, this new and innovative technology may also provide opportunities for abuse.
Unmanned aircraft systems have the potential to provide economic, environmental, safety, and security benefits. Examples of unmanned aircraft systems use in Hawaii include: emergency deployment at accident scenes, search and rescue operations, man-made and natural disaster response, terroristic threat response, firefighting, chemical and HAZMAT detection, crop dusting, agricultural development, monitoring of pollution, pipelines, wildlife, traffic, and floods, aerial news coverage, delivering medical supplies to remote areas, aerial photography, forensic photography, real-estate photography, filmmaking, communications, broadcasting, volcanic research, volcanic eruptions and ash dispersal, hazardous weather, damage assessment, cargo transportation, and port, border, and event security. In addition to these direct benefits, unmanned aircraft systems implementation has the potential to create many new industries and provide manufacturing, operation, and other high quality job opportunities.
Unmanned aircraft system technology also provides opportunities for abuse and raises concerns regarding privacy. Unmanned aircraft systems technology can use a variety of sensors and loiter for long periods of time without detection, giving rise to a concern that the government can use these systems to monitor individuals. It is necessary to allow the use of unmanned aircraft systems while ensuring privacy protection.
The legislature further finds that the Federal Aviation Administration has been mandated by the United States Congress to integrate unmanned aircraft into the national airspace. As such, it is the intent of the legislature to wait for the findings from the Federal Aviation Administration before regulating the commercial use of unmanned aircrafts beyond the Federal Aviation Administration regulations, except as pertaining to individual privacy. It is also acknowledged that existing law pertaining to individual privacy as it applies to the use of manned aircraft, applies to violations involving the use of unmanned aircraft systems technology.
The purpose of this Act is to ensure that unmanned aircraft systems technology will not be used in a manner that will impede the right to privacy.
SECTION 2. Chapter 803, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Unmanned aircraft Systems
§803- Definitions. As used in this part unless otherwise required by context:
"Law enforcement agency" means any agency of the State, county, or United States that is vested by law with the duty to maintain public order and to enforce the criminal laws.
"Unmanned aircraft systems" means a government, commercial or private vehicle that is operated without direct human intervention onboard the aircraft and includes model aircraft operated by hobbyists.
§803- Use of unmanned aircraft systems by law enforcement agencies. Surveillance by a law enforcement agency of an individual or individual's property, where the individual is specifically targeted for surveillance, shall require a warrant.
§803- Tracking of individuals; prohibited. Tracking of specific identifiable individuals without their consent by any privately owned or operated unmanned aircraft system is prohibited.
§803- Repurposing of data; prohibited; exception. Data derived from warrantless observations through the use of an unmanned aircraft system shall not be used by a law enforcement agency to look for wrongdoing unless a warrant authorizes the use of the data.
§803- Weapons; prohibited. Unmanned aircraft systems weapon carriage by private, commercial, or law enforcement agencies is prohibited.
§803- Remedies for violations. An aggrieved party may initiate a civil action to:
(1) Obtain any appropriate relief, including but not limited to equitable relief to prevent or remedy a violation of this part; and
(2) Recover monetary damages, including actual and general damages, attorney's fees, and other litigation costs reasonably incurred, in an amount no less than $1,000; or
(3) Recover monetary damages, including actual and general damages, attorney's fees, and other litigation costs reasonably incurred, in an amount no less than $10,000 if information collected through the use of an unmanned aircraft was publicly disclosed without the aggrieved party's permission.
§803- Reporting. (a) In January of each year, any law enforcement agency that used an unmanned aircraft during the previous calendar year shall report to the legislature its unmanned aircraft activities and shall provide a copy of the report to the judiciary. The report shall include the following information:
(1) The number of times an unmanned aircraft was used, organized by the types of incidents and the types of justification for deployment;
(2) The number of crime investigations aided by the use of each unmanned aircraft, along with a description of how the unmanned aircraft was helpful to each investigation; and
(3) The total cost of the law enforcement agency's unmanned aircraft program.
(b) In January of each year, any court that has issued a search warrant permitting the use of an unmanned aircraft, issued an extension or modification of such warrant, or denied an application for such warrant during the previous calendar year shall report to the judiciary the number, kind, and duration of search warrants or search warrant extensions applied for, granted, modified, or denied.
§803- Guidelines for unmanned aircraft systems use by law enforcement agencies. Law enforcement agencies are encouraged to review the International Association of Chiefs of Police Aviation Committee's "Recommended Guidelines for the Use of Unmanned Aircraft" and develop written policies for unmanned aircraft systems use. These policies shall provide guidance for community engagement, system requirements, operational procedures, and data retention for unmanned aircraft system operations by all law enforcement agencies."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Unmanned Aircraft Systems; Right to Privacy
Description:
Authorizes the use of unmanned aircraft systems by private, commercial, and law enforcement agencies to conduct surveillance. Requires all law enforcement agencies using unmanned aircraft systems to report on their activities relating to unmanned aircrafts. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
