One of AUVSI’s guiding advocacy pillars is to support the opening of markets, reduction of barriers, and injection of more certainty and predictability into Unmanned Aerial Systems (UAS) operations and marketplace. AUVSI has been in close contact with key California lawmakers and stakeholders about AB 1292, and we are pleased that the bill has been shelved with no consideration this year. 

The growing UAS industry in California, including drone delivery services, offers a broad range of benefits to residents statewide, including reducing traffic and congestion, connecting consumers to goods, and creating high-paying jobs. However, AB 1292 could hinder emerging delivery uses of drones and make operations in the state less certain by seeking to regulate data collected by UAS companies and requiring that information be destroyed upon delivery completion. 
 

Standards should support both privacy and safety 

AUVSI urges regulators to avoid setting standards that single out a specific type of technology, including UAS, as it will likely have unintended consequences. Rather than regulating data collection around the types of technologies being employed, legislators should establish data collection standards that are technology-agnostic and are based around terms of harm and intent. 

In California, UAS operators feared AB 1292 would discourage the development of implementation of effective safety mitigations that require the transmission and storage of data. The use of data collected by UAS is already subject to state laws governing invasion of privacy, and there is no evidence that existing laws are ineffective or that a new privacy regime specifically for UAS is necessary. In fact, the drone delivery industry uses technology that involves long standing consumer privacy best practices, and the majority of geolocation data will not have personal privacy implications as it is not associated with an identifiable person or property. 

AUVSI will continue to urge California and other legislatures considering similar bills to review privacy laws already in place and identify whether shortfalls exist before taking action that could negatively impact the scalability of this industry. Members of the UAS industry also have a role to play in responding to evolving privacy challenges by continuing to implement the latest and best practices around the collection and storage of data. 
 

California’s industry voices were heard 

In response to concerns from UAS operators in California about the unduly proscriptive nature of the bill, TechNet, CA Retailers Association, CalChamber, CTIA, the Consumer Technology Association, and AUVSI joined together to educate the Assembly’s Privacy and Consumer Protection Committee members and staff about the importance of enabling the development of innovative drone delivery operations in the state. 

The UAS industry has invested significant financial resources in drone delivery projects in California, and AUVSI is grateful to coalition partners for helping to demonstrate how these beta projects have delivered tremendous results for consumers, commercial businesses, and the communities in which they operate. 

The coalition also applauds Assemblymember Jacqui Irwin, District 44, for her efforts to educate her colleagues about the UAS industry in California. As co-chair of the National Conference of State Legislatures’ Task Force on Cybersecurity and its Working Group on Privacy, Irwin is a trailblazer in supporting both appropriate privacy protections and California’s status as a leading market for UAS delivery operations. Her efforts will help ensure California does not write itself out of the future before the future has an opportunity to take off in the state.  
 

Continued industry-government collaboration 

After thoughtfully considering the concerns from UAS operators in California who would be negatively impacted by AB 1292, Privacy and Consumer Protection Committee Chair Chau chose to make the bill a “Two-Year” bill. By delaying any hearing until next year, committee members will have more time to fully consider the issues at hand and any unintended consequences that could result. 

During the next several months until the new bill deadline, AUVSI and coalition members will continue to work with key members of the Privacy and Consumer Protection Committee to draft language that supports the burgeoning UAS industry as it continues to develop and scale.

AUVSI members with operations in California can contact Mike Smitsky, msmitksy@auvsi.org, to learn more about the bill and how they can make any concerns heard.