The Justice Department has released guidelines for its agencies regarding the use of unmanned aircraft systems (UAS) in their activities.

Protections of privacy, civil rights and liberties are chief concerns of the policy. It admonishes DoJ components to use unmanned systems only in ways that are consistent with the Constitution. It bars the use of UAS for monitoring activities protected by the First Amendment, and components can only operate UAS on properly authorized investigations and activities. The collection, retention and dissemination of information collected by UAS is also subject to Privacy Act protections.

Read the full policy here.

The policy release comes two months after a Justice department Inspector General report found some weaknesses in the department's management of unmanned systems, including vehicles that the Bureau of Alchohol, Tobacco, Firearms and Explosives purchased but has not used. The IG also found that Justice components have coordinated with Customs and Border Protection in operations involving CBP's Predator UAV without tracking the usage.

Read the OIG Report.

Key points of the policy:

Respect for civil rights and civil liberties: UAS use must be consistent with the Fourth Amendment protection against unreasonable search and seizure; must be part of a properly authorized investigation or activity; and must be the least intrusive means available to meet the operational need.

Protection of privacy: Data that is collected by UAS must be protected under the same laws and policies that govern the safeguarding of data collected in other ways.

Accountability: Department personnel who manage, supervise, maintain or fly the unmanned systems must have appropriate training on the policy. The department will develop a consistent level of approval authority for its components.

Ongoing policy management: Each Justice component that uses UAS must designate a point of contact who will be responsible for filing regular reports on the use of UAS to the deputy attorney general. The reports will be used to revise and update the policy as needed.

Transparency: The department will keep the public informed on its UAS operations via its website and other means, to the extent that it can without compromising law enforcement or national security needs.

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