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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Dr. Christian E. Mammen

Posts by Dr. Christian E. Mammen
Posted in Consumer Privacy, Privacy & Security Litigation

California Legislature Advances UAS Legislation

For the past several years, California’s Legislature has actively sought to regulate unmanned aerial systems, including, but not only, through privacy-related legislation.. In the 2014 session, one bill passed and was signed by Governor Brown. It bans the use of UAS to capture images or record voices of people without their permission, and is widely regarded as an anti-paparazzi law, aimed at protecting the many celebrities – and their children – in California’s entertainment industry. However, the wording of the bill more broadly protects individuals’ privacy from visual or audio recording in a manner that is “offensive to a reasonable person … under circumstances in which the [person] had a reasonable expectation of privacy” if the recording could not have been made without either trespassing or using special equipment. The bill is codified at California Civil Code section 1708.8. In the 2015 session, the California Legislature introduced five more bills, covering a range of issues.