Deal Reached Among NTIA Stakeholders on Privacy Best Practices for Drone Use
Participants in an NTIA-driven process reached agreement Wednesday on a document aimed at helping provide privacy best practices for commercial and private drone operators, but the process wasn't without some last-minute changes to the document's language and opposition by several prominent privacy groups and others. The voluntary guide is the culmination of work among several representatives from the drone and technology industries, privacy groups and academia since the process was started in August. Several members had expected to reach agreement at the meeting (see 1604280066).
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No vote was taken during the meeting, but several representatives such as the American Civil Liberties Union (ACLU), Drone Manufacturers Alliance and National Association of Mutual Insurance Companies and State Farm, said during Wednesday's meeting they wouldn't sign onto the document for various reasons. But they also agreed that another meeting wouldn't be productive to hash out differences.
Travis Hall, NTIA telecommunications policy analyst who was moderating the discussion, told participants that the agency wouldn't take a formal nor a majority vote, but "consensus" would be defined by the stakeholders participating in the process. NTIA said it would post the document soon on its website, plus statements of support, opposition and observation from any other organization made during the meeting or after it.
Several members of a working group that crafted the draft over the last few months pushed for consensus. "I view this as the best path forward," said Chris Calabrese, Center for Democracy and Technology vice president-policy, promoting the document at the start of the meeting. He said not going forward with it means the industry may go without important privacy protections.
Mark Aitken, government relations manager with the Association for Unmanned Vehicle Systems International, which also supported the draft, said the document is an outline that would help newcomers to the drone industry consider privacy and security policies that "may be the last thing on their minds." Alex Reynolds, CTA regulatory affairs director, said the draft can accommodate evolving circumstances and consumer expectations, allow organizations to integrate other best practice approaches and is flexible with language such as using words and phrases such as "reasonable" and "where it will not impede.”
A coalition of 22 news gathering organizations and other stakeholders sought some changes to the document that were presented during the meeting, which members of the working group agreed to include, they said.
But several privacy groups, including the Access Now, ACLU and the Electronic Frontier Foundation, circulated a three-page letter about an hour before the meeting with several proposed major changes to the draft. "When push comes to shove industry needs to give more," said Jay Stanley, ACLU senior policy analyst, saying the draft needs stronger privacy language. He said the draft is "rife" with "weasel language" that would allow "bottom feeder companies" to engage in practices that are "deeply problematic." Access Now Policy Counsel Drew Mitnick said the draft hasn't met expectations of what privacy best practices should be, underselling the risks and how the data can be used.
Last year, President Barack Obama urged NTIA “to launch a multistakeholder process to develop best practices that enhance privacy and promote transparent and accountable operation of UAS [Unmanned Aircraft Systems] by commercial and private users.” The NTIA-hosted meetings began in August.