HB1148
To Create The Arkansas Privacy Act; And To Address Certain Images Captured By Unmanned Aircraft Systems.
AI-Generated Summary
This bill, titled the "Arkansas Privacy Act," aims to regulate the use of unmanned aircraft systems (drones) in capturing images. It defines critical infrastructure, images, and unmanned aircraft systems. The act prohibits the knowing use of a drone to conduct surveillance or record images of critical infrastructure without the owner's written consent, with exceptions for property owners, insurance companies, law enforcement, and certain government entities. It also makes it unlawful to purposely capture an image of an individual or private property with the intent to conduct surveillance, with defenses for immediate destruction of the image or lawful capture. The bill establishes criminal penalties, including misdemeanors, for unlawful use and possession, disclosure, or distribution of images captured in violation of the act. Furthermore, it allows private property owners or tenants to bring civil actions for damages and attorney's fees against those who violate these provisions. Various specific lawful uses of drones for image capture are enumerated, including for research, public safety, utilities, and with consent or warrants.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be owners and tenants of private real property who have a reasonable expectation of privacy. Critical infrastructure owners would also benefit from increased protection against unauthorized surveillance. Law enforcement agencies and other authorized government entities, along with utility companies and institutions of higher education engaged in specific research or operations, are explicitly exempted from certain prohibitions, indicating they are intended beneficiaries of these provisions. Drone operators engaged in lawful activities, such as those conducting authorized research, government work, or commercial operations under FAA regulations, would also benefit from the clarity and exceptions provided.
Who Might Suffer?
Individuals or entities that wish to use unmanned aircraft systems for surveillance or to capture images of private property or critical infrastructure without consent would be negatively impacted. This includes individuals who might engage in such activities for personal reasons, private investigators not covered by specific exemptions, or commercial drone operators whose activities fall outside the enumerated lawful uses. Law enforcement agencies and private citizens could face potential misdemeanor charges if they capture images of critical infrastructure or individuals/private property with the intent to conduct surveillance, and then fail to meet the specific defenses or exemptions outlined in the bill. The imposition of criminal penalties and civil damages also represents a negative impact for those found in violation of the act.