An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use
Sec. 1. 25 MRSA Pt. 12 is enacted to read:
UNMANNED AERIAL VEHICLES
REGULATION OF UNMANNED AERIAL VEHICLES
§ 4501. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 4502. Operation of unmanned aerial vehicles
(1) The law enforcement agency documents the factual basis for the emergency; and
(2) Not later than 48 hours after the emergency operation begins, a supervisory official for the law enforcement agency files a sworn statement setting forth the grounds for the emergency operation;
An unmanned aerial vehicle may not be equipped with a weapon.
§ 4503. Retention of information
Information collected by an unmanned aerial vehicle may not be used, copied or disclosed for any purpose other than for a lawful purpose under section 4502, subsection 2. Information collected by an unmanned aerial vehicle for any purpose other than for a lawful purpose under section 4502, subsection 2 must be deleted as soon as possible and no later than 24 hours after collection. Information collected by an unmanned aerial vehicle under section 4502, subsection 2 may be received in evidence in a trial, hearing or other proceeding in or before a court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of the State or a municipality only if the use of that information as evidence was part of the lawful purpose allowing the unmanned aerial vehicle operation under section 4502, subsection 2.
§ 4504. Emergency enforcement exception
§ 4505. Delayed notice
(1) That notification of the warrant or court order was delayed;
(2) What law enforcement agency made the request for delayed notice;
(3) What court made the determination to delay notice; and
(4) Which provision of subsection 2 supported the court's determination.
§ 4506. Violations
§ 4507. Reporting
(1) The approximate nature and frequency of incriminating conduct;
(2) The approximate number of persons about whom information was collected; and
(3) The approximate nature, amount and cost of the personnel and other resources used in the collection;
This bill regulates unmanned aerial vehicles, including their acquisition and lawful operation by law enforcement agencies in collecting, disclosing and receiving information and the retention of information collected. For the permitted operation of an unmanned aerial vehicle, the bill requires the consent of the subject person, a warrant or court order, an emergency situation that threatens life or serious bodily injury or an emergency enforcement situation that threatens national security or evinces conspiratorial criminal conduct requiring immediate operation of the vehicle before a warrant can be obtained. The bill also allows delayed service of a warrant or court order informing the subject person until after the warrant's or order's issuance if necessary for avoiding certain adverse results. The bill provides for a private right of action or enforcement by the Attorney General for a violation and disallows the use of any information collected in violation as evidence in a hearing or court of law. The bill requires the Attorney General to report certain information concerning the use of unmanned aerial vehicles to the Legislature and the Administrative Office of the Courts and for law enforcement agencies and the Attorney General to post certain information on their publicly accessible websites.