Relates to conducting unlawful surveillance by use of a drone

Title of bill

An act to amend the penal law, in relation to conducting unlawful surveillance by use of a drone

Purpose

This bill would make it illegal for individuals to use aerial imaging technology, or "drones", to stealthily spy on other individuals at times and places where they would have a reasonable expectation of privacy.

Summary of provisions

Section 1 of the bill would set forth the policy that a violation of unlawful surveillance in the second degree occurs when a person, without the knowledge or consent of another person, uses or permits the utilization of a device to surreptitiously view, broadcast, or record that other person, by means of aerial imaging technology, at a place and time when a person has a reasonable expectation of privacy.

Section 2 of the bill provides that the act shall take effect immediately.

Existing law

Currently, Section 250.45 of the Penal Law sets forth that it is a violation of unlawful surveillance in the second degree in instances where imaging or other data are being obtained for sexual purposes, without a person's consent. Also, this section of law contains the restriction from installing imaging technology in people's homes or wearing the technology on your clothing to obtain pictures, videos, etc., without a person's consent for sexual purposes. The current section of Penal Law that governs this activity lacks the restriction that newer, aerial drone imaging technology is used for spying on people in their homes or places they would otherwise expect full privacy.

Justification

It is generally understood and accepted that in instances where people are in public view or in public places where privacy is not reasonably expected, these are instances where people are not completely restricted from video or photographic recording for means of security, public protection, and other such reasons.

For example, the walkway of an apartment building would not be a place where one should expect privacy, and security cameras may be used to monitor those entering and exiting a building. A person who purchases a drone from the store could easily use the technology to view these "public" places and, regardless of its acceptance as ethical, it is considered legal. However, it is the case that a person's living room is something not included as "private" in the current Penal Law, and it is only barely implied by restriction of recording devices in bathrooms. This legislation seeks to clarify the law, and disable individuals from using drone imaging technology to spy on others, violating their privacy, or to in any way make others insecure when they are at a friend's house, relative's house, or otherwise would be allowed to maintain the decency of privacy and security in their own homes.

Legislative history

2014 - A8091 Referred to Codes

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.