Legislation would require warrants and transparency for law enforcement’s use of drones in NJ

May 14, 2015

NEWARK - The American Civil Liberties Union of New Jersey today applauded the overwhelming passage of A1039, a bill that would offer some of the strongest protections in the nation against abusive drone surveillance by law enforcement.

The bill would require police to obtain a warrant before using surveillance drones except in certain extraordinary situations, and it would require law enforcement to dispose of information within two weeks unless it’s being used for an ongoing investigation. Additionally, the legislation prohibits using drones as weapons in the state of New Jersey, and it requires law enforcement agencies to publicly report on their use of drones.

“Drone technology is expanding rapidly and the law needs to keep pace. This legislation is a critical starting point,” said ACLU-NJ Public Policy Director Ari Rosmarin. “Drones have remarkable capacity to gather information about New Jerseyans’ everyday lives, as well as the dangerous potential to encroach on our privacy. This legislation would add common-sense protections for when and how law enforcement can use drones in our state.”

A1039 was introduced by Assemblyman Dan Benson at the start of the legislative session. Similar legislation regulating drones passed the Senate and Assembly nearly unanimously in January 2014, only to be pocket-vetoed by Governor Christie. The bill today passed nearly unanimously in the Assembly, with 66 votes for the legislation, three abstentions and one vote against.

Twelve other states — Florida, Idaho, Illinois, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, and Wisconsin — have passed drone privacy laws.

S2310, the bill’s companion in the Senate, was introduced by Senator Nicholas Sacco. The bill currently sits in the Senate Law and Public Safety Committee awaiting a hearing.

“The drones are coming. With no rules in place, law enforcement’s use of drones is a scary prospect,” Rosmarin added. “We urge the Senate to stand up for New Jerseyans’ rights and make sure that the drones that will soon fly through New Jersey skies do not become a privacy nightmare.”

The text of A1039 can be found here: http://www.njleg.state.nj.us/2014/Bills/A1500/1039_R1.PDF

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