Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]

[Presidential Documents]

[Pages 9355-9358]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2015-03727]

Presidential Documents

Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 /

Presidential Documents

[[Page 9355]]

Memorandum of February 15, 2015

Promoting Economic Competitiveness While

Safeguarding Privacy, Civil Rights, and Civil Liberties

in Domestic Use of Unmanned Aircraft Systems

Memorandum for the Heads of Executive Departments and

Agencies

Unmanned Aircraft Systems (UAS) technology continues to

improve rapidly, and increasingly UAS are able to

perform a variety of missions with greater operational

flexibility and at a lower cost than comparable manned

aircraft. A wide spectrum of domestic users--including

industry, private citizens, and Federal, State, local,

tribal, and territorial governments--are using or

expect to use these systems, which may play a

transformative role in fields as diverse as urban

infrastructure management, farming, public safety,

coastal security, military training, search and rescue,

and disaster response.

Federal, State, local,

tribal, and territorial governments--are using or

expect to use these systems, which may play a

transformative role in fields as diverse as urban

infrastructure management, farming, public safety,

coastal security, military training, search and rescue,

and disaster response.

The Congress recognized the potential wide-ranging

benefits of UAS operations within the United States in

the FAA Modernization and Reform Act of 2012 (Public

Law 112-95), which requires a plan to safely integrate

civil UAS into the National Airspace System (NAS) by

September 30, 2015. As compared to manned aircraft, UAS

may provide lower-cost operation and augment existing

capabilities while reducing risks to human life.

Estimates suggest the positive economic impact to U.S.

industry of the integration of UAS into the NAS could

be substantial and likely will grow for the foreseeable

future.

As UAS are integrated into the NAS, the Federal

Government will take steps to ensure that the

integration takes into account not only our economic

competitiveness and public safety, but also the

privacy, civil rights, and civil liberties concerns

these systems may raise.

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and in order to establish transparent

principles that govern the Federal Government's use of

UAS in the NAS, and to promote the responsible use of

this technology in the private and commercial sectors,

it is hereby ordered as follows:

the

Constitution and the laws of the United States of

America, and in order to establish transparent

principles that govern the Federal Government's use of

UAS in the NAS, and to promote the responsible use of

this technology in the private and commercial sectors,

it is hereby ordered as follows:

Section 1. UAS Policies and Procedures for Federal

Government Use. The Federal Government currently

operates UAS in the United States for several purposes,

including to manage Federal lands, monitor wildfires,

conduct scientific research, monitor our borders,

support law enforcement, and effectively train our

military. As with information collected by the Federal

Government using any technology, where UAS is the

platform for collection, information must be collected,

used, retained, and disseminated consistent with the

Constitution, Federal law, and other applicable

regulations and policies. Agencies must, for example,

comply with the Privacy Act of 1974 (5 U.S.C. 552a)

(the ``Privacy Act''), which, among other things,

restricts the collection and dissemination of

individuals' information that is maintained in systems

of records, including personally identifiable

information (PII), and permits individuals to seek

access to and amendment of records.

5 U.S.C. 552a)

(the ``Privacy Act''), which, among other things,

restricts the collection and dissemination of

individuals' information that is maintained in systems

of records, including personally identifiable

information (PII), and permits individuals to seek

access to and amendment of records.

(a) Privacy Protections. Particularly in light of

the diverse potential uses of UAS in the NAS, expected

advancements in UAS technologies, and the anticipated

increase in UAS use in the future, the Federal

Government shall take steps to ensure that privacy

protections and policies relative to UAS continue to

keep pace with these developments. Accordingly,

agencies shall, prior to deployment of new UAS

technology and at least every

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3 years, examine their existing UAS policies and

procedures relating to the collection, use, retention,

and dissemination of information obtained by UAS, to

ensure that privacy, civil rights, and civil liberties

are protected. Agencies shall update their policies and

procedures, or issue new policies and procedures, as

necessary. In addition to requiring compliance with the

Privacy Act in applicable circumstances, agencies that

collect information through UAS in the NAS shall ensure

that their policies and procedures with respect to such

information incorporate the following requirements:

or issue new policies and procedures, as

necessary. In addition to requiring compliance with the

Privacy Act in applicable circumstances, agencies that

collect information through UAS in the NAS shall ensure

that their policies and procedures with respect to such

information incorporate the following requirements:

(i) Collection and Use. Agencies shall only collect information using UAS,

or use UAS-collected information, to the extent that such collection or use

is consistent with and relevant to an authorized purpose.

(ii) Retention. Information collected using UAS that may contain PII shall

not be retained for more than 180 days unless retention of the information

is determined to be necessary to an authorized mission of the retaining

agency, is maintained in a system of records covered by the Privacy Act, or

is required to be retained for a longer period by any other applicable law

or regulation.

(iii) Dissemination. UAS-collected information that is not maintained in a

system of records covered by the Privacy Act shall not be disseminated

outside of the agency unless dissemination is required by law, or fulfills

an authorized purpose and complies with agency requirements.

(b) Civil Rights and Civil Liberties Protections.

To protect civil rights and civil liberties, agencies

shall:

t is not maintained in a

system of records covered by the Privacy Act shall not be disseminated

outside of the agency unless dissemination is required by law, or fulfills

an authorized purpose and complies with agency requirements.

(b) Civil Rights and Civil Liberties Protections.

To protect civil rights and civil liberties, agencies

shall:

(i) ensure that policies are in place to prohibit the collection, use,

retention, or dissemination of data in any manner that would violate the

First Amendment or in any manner that would discriminate against persons

based upon their ethnicity, race, gender, national origin, religion, sexual

orientation, or gender identity, in violation of law;

(ii) ensure that UAS activities are performed in a manner consistent with

the Constitution and applicable laws, Executive Orders, and other

Presidential directives; and

(iii) ensure that adequate procedures are in place to receive, investigate,

and address, as appropriate, privacy, civil rights, and civil liberties

complaints.

(c) Accountability. To provide for effective

oversight, agencies shall:

(i) ensure that oversight procedures for agencies' UAS use, including

audits or assessments, comply with existing agency policies and

regulations;

(ii) verify the existence of rules of conduct and training for Federal

Government personnel and contractors who work on UAS programs, and

procedures for reporting suspected cases of misuse or abuse of UAS

technologies;

(iii) establish policies and procedures, or confirm that policies and

procedures are in place, that provide meaningful oversight of individuals

who have access to sensitive information (including any PII) collected

using UAS;

(iv) ensure that any data-sharing agreements or policies, data use

policies, and record management policies applicable to UAS conform to

applicable laws, regulations, and policies;

ish policies and procedures, or confirm that policies and

procedures are in place, that provide meaningful oversight of individuals

who have access to sensitive information (including any PII) collected

using UAS;

(iv) ensure that any data-sharing agreements or policies, data use

policies, and record management policies applicable to UAS conform to

applicable laws, regulations, and policies;

(v) establish policies and procedures, or confirm that policies and

procedures are in place, to authorize the use of UAS in response to a

request for UAS assistance in support of Federal, State, local, tribal, or

territorial government operations; and

(vi) require that State, local, tribal, and territorial government

recipients of Federal grant funding for the purchase or use of UAS for

their own operations have in place policies and procedures to safeguard

individuals' privacy, civil rights, and civil liberties prior to expending

such funds.

(d) Transparency. To promote transparency about

their UAS activities within the NAS, agencies that use

UAS shall, while not revealing information

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that could reasonably be expected to compromise law

enforcement or national security:

(i) provide notice to the public regarding where the agency's UAS are

authorized to operate in the NAS;

(ii) keep the public informed about the agency's UAS program as well as

changes that would significantly affect privacy, civil rights, or civil

liberties; and

(iii) make available to the public, on an annual basis, a general summary

of the agency's UAS operations during the previous fiscal year, to include

a brief description of types or categories of missions flown, and the

number of times the agency provided assistance to other agencies, or to

State, local, tribal, or territorial governments.

affect privacy, civil rights, or civil

liberties; and

(iii) make available to the public, on an annual basis, a general summary

of the agency's UAS operations during the previous fiscal year, to include

a brief description of types or categories of missions flown, and the

number of times the agency provided assistance to other agencies, or to

State, local, tribal, or territorial governments.

(e) Reports. Within 180 days of the date of this

memorandum, agencies shall provide the President with a

status report on the implementation of this section.

Within 1 year of the date of this memorandum, agencies

shall publish information on how to access their

publicly available policies and procedures implementing

this section.

Sec. 2. Multi-stakeholder Engagement Process. In

addition to the Federal uses of UAS described in

section 1 of this memorandum, the combination of

greater operational flexibility, lower capital

requirements, and lower operating costs could allow UAS

to be a transformative technology in the commercial and

private sectors for fields as diverse as urban

infrastructure management, farming, and disaster

response. Although these opportunities will enhance

American economic competitiveness, our Nation must be

mindful of the potential implications for privacy,

civil rights, and civil liberties. The Federal

Government is committed to promoting the responsible

use of this technology in a way that does not diminish

rights and freedoms.

ties will enhance

American economic competitiveness, our Nation must be

mindful of the potential implications for privacy,

civil rights, and civil liberties. The Federal

Government is committed to promoting the responsible

use of this technology in a way that does not diminish

rights and freedoms.

(a) There is hereby established a multi-stakeholder

engagement process to develop and communicate best

practices for privacy, accountability, and transparency

issues regarding commercial and private UAS use in the

NAS. The process will include stakeholders from the

private sector.

(b) Within 90 days of the date of this memorandum,

the Department of Commerce, through the National

Telecommunications and Information Administration, and

in consultation with other interested agencies, will

initiate this multi-stakeholder engagement process to

develop a framework regarding privacy, accountability,

and transparency for commercial and private UAS use.

For this process, commercial and private use includes

the use of UAS for commercial purposes as civil

aircraft, even if the use would qualify a UAS as a

public aircraft under 49 U.S.C. 40102(a)(41) and 40125.

The process shall not focus on law enforcement or other

noncommercial governmental use.

Sec. 3. Definitions. As used in this memorandum:

(a) ``Agencies'' means executive departments and

agencies of the Federal Government that conduct UAS

operations in the NAS.

49 U.S.C. 40102(a)(41) and 40125.

The process shall not focus on law enforcement or other

noncommercial governmental use.

Sec. 3. Definitions. As used in this memorandum:

(a) ``Agencies'' means executive departments and

agencies of the Federal Government that conduct UAS

operations in the NAS.

(b) ``Federal Government use'' means operations in

which agencies operate UAS in the NAS. Federal

Government use includes agency UAS operations on behalf

of another agency or on behalf of a State, local,

tribal, or territorial government, or when a

nongovernmental entity operates UAS on behalf of an

agency.

(c) ``National Airspace System'' means the common

network of U.S. airspace; air navigation facilities,

equipment, and services; airports or landing areas;

aeronautical charts, information, and services; related

rules, regulations, and procedures; technical

information; and manpower and material. Included in

this definition are system components shared jointly by

the Departments of Defense, Transportation, and

Homeland Security.

(d) ``Unmanned Aircraft System'' means an unmanned

aircraft (an aircraft that is operated without direct

human intervention from within or on the aircraft) and

associated elements (including communication links and

components that control the unmanned aircraft) that are

required for the pilot

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or system operator in command to operate safely and

efficiently in the NAS.

ted without direct

human intervention from within or on the aircraft) and

associated elements (including communication links and

components that control the unmanned aircraft) that are

required for the pilot

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or system operator in command to operate safely and

efficiently in the NAS.

(e) ``Personally identifiable information'' refers

to information that can be used to distinguish or trace

an individual's identity, either alone or when combined

with other personal or identifying information that is

linked or linkable to a specific individual, as set

forth in Office of Management and Budget Memorandum M-

07-16 (May 22, 2007) and Office of Management and

Budget Memorandum M-10-23 (June 25, 2010).

Sec. 4. General Provisions. (a) This memorandum

complements and is not intended to supersede existing

laws and policies for UAS operations in the NAS,

including the National Strategy for Aviation Security

and its supporting plans, the FAA Modernization and

Reform Act of 2012, the Federal Aviation

Administration's (FAA's) Integration of Civil UAS in

the NAS Roadmap, and the FAA's UAS Comprehensive Plan.

(b) This memorandum shall be implemented consistent

with applicable law, and subject to the availability of

appropriations.

(c) Nothing in this memorandum shall be construed

to impair or otherwise affect:

's) Integration of Civil UAS in

the NAS Roadmap, and the FAA's UAS Comprehensive Plan.

(b) This memorandum shall be implemented consistent

with applicable law, and subject to the availability of

appropriations.

(c) Nothing in this memorandum shall be construed

to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the

head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(d) Independent agencies are strongly encouraged to

comply with this memorandum.

(e) This memorandum is not intended to, and does

not, create any right or benefit, substantive or

procedural, enforceable at law or in equity by any

party against the United States, its departments,

agencies, or entities, its officers, employees, or

agents, or any other person.

(f) The Secretary of Commerce is hereby authorized

and directed to publish this memorandum in the Federal

Register.

(Presidential Sig.)

THE WHITE HOUSE,

Washington, February 15, 2015

[FR Doc. 2015-03727

Filed 2-19-15; 2:00 pm]

Billing code 3295-F5