Last week the Senate approved a measure that provides the regulatory framework to prohibit people, entities or state agencies, in the absence of a search warrant, from taking and recording images by means of unmanned aerial systems (drones), on private property or where there is a reasonable expectation of privacy.
The measure, House Bill 402, authored by the former president of the House of Representatives, José Aponte Hernández, received 24 votes in favor and 3 against on October 6. The legislative piece also received the endorsement of the Lower House on June 18 with 46 votes in favor and 3 against.
“In Puerto Rico, no regulations have been established that provide guidance on what is or is not acceptable in the operation of unmanned aerial systems or 'drones'. These systems began their operation solely with military capabilities, but were quickly adapted for commercial and personal use. With the prices of unmanned aerial systems becoming cheaper, obtaining them by hundreds of thousands of people in the continental United States and Puerto Rico is becoming more frequent,” commented the representative of the New Progressive Party in the Statement of Reasons for measure.
The bill establishes that, in the absence of a search warrant, no person, entity or state agency will use an unmanned aerial system to carry out surveillance of, collect evidence or information about, or photograph or electronically record, specified persons or private property, without their consent.
#new How to Add a Defragment Option to the Right-Click Menu for a Drive in Windows https://t.co/QnizXOeFwx https://t.co/iPhYZXUEHY
— Shyam Alaparthy Tue Dec 06 16:37:33 +0000 2016
Images of identifiable individuals captured using unmanned aerial system technology may not be retained or shared unless there is reasonable suspicion that the image contains evidence of criminal activity or is related to an ongoing investigation. or pending criminal proceedings in court.
Exceptions are in case of emergency or safety, posing imminent danger to life or serious bodily harm, as well as in search and rescue situations
Anyone who violates these provisions shall incur a misdemeanor.
As Aponte Hernández added in the same text, “Section 8 of Article II of the Constitution of Puerto Rico protects people from abusive attacks on their private life. Unmanned aerial systems have the ability to load cameras, and therefore, make it easy for anyone to record videos or take pictures of what is happening, both on private property and anywhere else where a camera is owned. reasonable expectation of privacy.