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MemoMemorandumObama · D

Presidential Memorandum

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

This 2015 memorandum establishes privacy, civil rights, and civil liberties protections for federal use of drones (UAS) in U.S. airspace, requires agencies to review policies every 3 years, limits retention of personally identifiable information to 180 days, mandates transparency reports, and directs Commerce to launch a multi-stakeholder process for commercial drone privacy best practices.

Federal Register Open PDF 80 FR 9355

Impact dates

  1. Agencies examine existing UAS policies and procedures (recurring every 3 years)

  2. Agencies publish information on how to access publicly available policies and procedures

  3. Agencies provide President with status report on Section 1 implementation

  4. Commerce/NTIA initiates multi-stakeholder engagement process

Key directives

  • Agencies shall examine existing UAS policies every 3 years and update as necessary
  • UAS-collected PII shall not be retained more than 180 days unless authorized mission necessity, Privacy Act system of records, or other legal requirement
  • Agencies shall prohibit data collection/use that violates First Amendment or discriminates based on protected characteristics
  • Agencies must provide public notice of authorized UAS operation areas
  • Agencies must publish annual summary of UAS operations
  • Agencies must submit status report to President within 180 days
  • Agencies must publish access information for policies within 1 year
  • Commerce/NTIA shall initiate multi-stakeholder process within 90 days
  • Federal grant recipients for UAS must have privacy/civil rights/civil liberties policies before expending funds
  • Secretary of Commerce shall publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum effective upon issuance
  • Agencies must comply with existing Privacy Act requirements for UAS-collected information

Near term (90d)

  • Department of Commerce/NTIA must initiate multi-stakeholder engagement process within 90 days

Long term

  • Agencies must examine and update UAS policies every 3 years on ongoing basis
  • Annual public summaries of UAS operations required each fiscal year
  • Integration with FAA civil UAS integration timeline

Risks & tensions

  • Economic competitiveness vs. privacy/civil liberties balance is central tension
  • 180-day retention limit has broad exceptions that may weaken practical effect
  • Multi-stakeholder process excludes law enforcement/noncommercial governmental use, creating regulatory gap
  • Dependent on agency self-policing without specified enforcement mechanism
  • Subject to appropriations availability may limit implementation
  • No private right of action created, limiting individual recourse
Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems · Executive Orders