Imposes limitations on the use of drones within the state

Summary of provisions

The bill amends the civil rights law, section 52, Right of Privacy, by adding a new section 52-a entitled "Limitations on the use of drones." The bill provides for limitations on the use of a drone by a person, entity, law enforcement agency, and state, county or municipal agency to gather, store or collect evidence of any type, including audio or video recordings, or both, or other information pertaining to criminal conduct or conduct in violation of a-statute or regulation, except to the extent specifically authorized by a valid search warrant.

In the event that exigent circumstances exist, the bill provides the use of drones by a law enforcement agency if it possesses reasonable suspicion that swift action is necessary to prevent imminent danger to life.

The use of a drone by a law enforcement agency is not prohibited in the event that a law enforcement agency:(l) obtains a valid search warrant that authorizes the use of a drone that is used only to obtain evidence on the person named in the warrant; and (2) is actively engaged in the enforcement of article two hundred twenty of the penal law.

Any evidence or information obtained or collected in violation of section 52-a of this bill, and all evidence derived from such evidence or information, shall be inadmissible in a criminal or civil proceeding in any court of law in the state or in an administrative hearing.

An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent, restrain or remedy a violation of section 52-a of this bill.

The bill provides that violation of section 52-a of this bill is a class A misdemeanor, and a class C felony if the violation is committed in the course of or in conjunction with a felony.

Justification

The FAA Reauthorization Act of 2012 ordered the Federal Aviation Administration to develop regulations for the testing and licensing of commercial drones by 2015. The new federal law has raised concerns among private advocates that the commercial expansion would lead to widespread use of drones for electronic surveillance by law enforcement agencies and private companies across the country.

At a cost of approximately $300, one can easily purchase a drone which contains a high definition camera that takes photographs, records video and conversations for hours, and can be controlled by a cellular

device. In order to preserve the privacy rights of citizens against unwarranted intrusion, we must act to ensure that drones are not misused. The federal government is taking further measures in 2013 by introducing new legislation to ensure and protect individual privacy against unwarranted governmental intrusion through the use of drones, i.e., "Preserving Freedom from Unwarranted Surveillance Act of 2013".

Law enforcement agencies in New York State recently announced that they would consider evaluating the use of drones as a surveillance tool. For police departments, drones are more affordable than helicopters. The potential increased use of drones by law enforcement, state, county, and municipal agencies has prompted local and state lawmakers to outline how drones can be used by these entities. According to the National Conference of State Legislatures, at least 18 states have introduced bills to limit or regulate the use of drones. Subsequently, this bill seeks to impose limitations on the use of drones in order to protect the privacy rights of New York State residents.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.