What's happening
This bill prohibits law enforcement from using drones to monitor First Amendment-protected events and restricts drone use, requiring warrants and banning facial recognition and weaponized drones.
Why it matters
Expands privacy protections. The bill establishes that people have a reasonable expectation of privacy against warrantless drone surveillance, making it clear that drones cannot be used by law enforcement to observe or record people without a warrant, except in very limited circumstances.
Closes loopholes for indirect surveillance. It applies the restrictions not only to drones owned by law enforcement, but also to data obtained from drones operated by private individuals, companies, or other agencies—ensuring police cannot sidestep the law by outsourcing surveillance.
Strict limitations on data retention and access. Any data from drones that is not tied to an ongoing criminal case must be destroyed within a year unless a court order says otherwise, and even then, it must be deleted once the legal process ends. Data released under public records laws must have all personal information (except that of officers acting officially) removed.
Prohibits certain drone technologies and uses. The bill bans law enforcement from using drones equipped with weapons or crowd control devices, as well as facial recognition technology, even retroactively applying to images and videos already collected. This addresses concerns about potential misuse of advanced surveillance and weaponization.
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Who cares
Headline styles
Limit Police Drone Use
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 40
3 Co-sponsors
History
- Print number 9931a
- Amend and recommit to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Police Drone Surveillance
In Senate Committee · Codes · Sponsor Jessica Ramos
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9931--A
IN ASSEMBLY
February 27, 2020
Introduced by M. of A. KIM, MOSLEY -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil rights law, in relation to imposing limitations on the use of drones for law enforcement purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "protect our privacy (POP) act".
§ 2. The civil rights law is amended by adding a new section 52-c to read as follows:
§ 52-c. Limitations on the use of drones; law enforcement purposes. 1. The use of drones to observe, monitor, document, record, investigate, or collect data by law enforcement at concerts, protests, demonstrations, or other actions protected by the first amendment to the United States Constitution or sections eight and nine of article one of the state constitution is prohibited.
2. People have a reasonable expectation of privacy and a constitutional right to be free from warrantless observation, monitoring, documentation, recording, or investigation by a drone. A search warrant, issued upon a finding of probable cause, shall be required for any use of drones for law enforcement purposes that is not specifically prohibited by subdivision one of this section. A search warrant cannot permit the use of drones for the purposeful or incidental observation, documentation, recording, investigation, or collection of data by law enforcement at concerts, protests, demonstrations, or other actions protected by the first amendment to the United States Constitution or sections eight and nine of article one of the state constitution.
3. The use for law enforcement purposes of any drone owned, controlled, or maintained by a private company, private individual, or other government agency shall be subject to the provisions of subdivisions one and two of this section. A search warrant, issued upon a finding of probable cause, shall be required for law enforcement to obtain
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10012-08-0
A. 9931--A 2
any data or information obtained by a drone that is owned, controlled, or maintained by a private company, private individual, or other government agency. A search warrant cannot authorize obtaining any data or information relating to the purposeful or incidental observation, documentation, recording, investigation, or collection of data at concerts, protests, demonstrations, or other actions protected by the first amendment to the United States Constitution or sections eight and nine of article one of the state constitution except in the investigation or prosecution for violations of subdivisions one or two of this section.
4. Law enforcement is prohibited from using drones equipped with facial recognition software or using facial recognition on video or images obtained or created by a drone, including videos or images obtained or created by drones owned, controlled, or maintained by a private company, a private individual, or other government agency. This section shall retroactively apply to videos or images obtained or created by drones prior to the effective date of this section.
5. Drones equipped with devices used for crowd control purposes or any lethal or non-lethal weapons are prohibited.
6. Data or information obtained by drones and within the control of any government agency or in the possession of a private company or individual on behalf of any government agency shall be subject to release under the freedom of information law, provided that all personal identifying information, except for that of law enforcement personnel acting within their official responsibilities or performing an official function, shall be redacted prior to such release.
7. All data or information obtained by the use of drones for law enforcement purposes that are not part of an ongoing criminal investigation or proceeding shall be destroyed in one year or less, absent a subpoena or court order. Data or information not destroyed in one year or less pursuant to a subpoena or court order and that is within the control of any government agency or in the possession of a private company or individual on behalf of any government agency shall be destroyed once the proceedings or investigations that the subpoena or court order related to have ended.
8. As used in this section:
a. "Drone" means an aerial vehicle or a balloon float or other device that can fly autonomously or be piloted remotely.
b. "Law enforcement" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, the enforcement of local government codes and the enforcement of penal, traffic, regulatory, game or controlled substance laws and includes an agent of the law enforcement agency.
c. "Search warrant" means a search warrant as defined in section 690.05 of the criminal procedure law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.