NIAS UAS PMO
Privacy Policy
PMOUAS-DTC-TECH-3-7-001 Rev#0
NEVADA UAS TEST SITE PRIVACY POLICY
Introduction
As required by the Other Transaction Agreement (OTA) between the Federal Aviation
Administration (FAA) and the State of Nevada, DTFACT-14-A-00003, Modification 0001, May
19, 2014, the Nevada Institute for Autonomous Systems (NIAS) Unmanned Aircraft Systems
(UAS) Program Management Office (PMO) hereby establishes the following policies and
procedures to ensure the protection of privacy and the public’s trust during operations of the
Nevada UAS Test Site.
FAA OTA Privacy Policy Guidance
Under Article 3 Privacy, of the OTA, appended in its entirety below, the State of Nevada,
NIAS and NIAS UAS PMO as the Test Site operator must:
(i) Have privacy policies governing all activities conducted under the Agreement, including the
operation and relevant activities of the UAS authorized by the Test Site Operator.
(ii) Make its privacy policies publicly available
(iii) Have a mechanism to receive and consider comments from the public on its privacy policies
(iv) Conduct an annual review of test site operations to verify compliance with stated privacy
policy and practices and share those outcomes annually in a public forum with an opportunity for
public feedback
(v) Update its privacy policies as necessary to remain operationally current and effective
(vi) Ensure the requirements of its privacy policies are applied to all operations conducted under
this Agreement.
The Test Site Operator’s privacy policies should be informed by Fair Information Practice
Principles.
a. Compliance with Applicable Privacy Laws
For purposes of this Agreement, the term “Applicable Law” shall mean (i) a law, order,
regulation, or rule of an administrative or legislative government body with jurisdiction over the
matter in question, or (ii) a ruling, order, decision or judgment of a court with jurisdiction over
the matter in question.
1 | The NIAS PMO is Managed and Operated by Bowhead, a wholly owned subsidiary of the Ukpeagvik Inupiat Corporation,
under contract to the Nevada Institute for Autonomous Systems.
NIAS UAS PMO
Privacy Policy
PMOUAS-DTC-TECH-3-7-001 Rev#0
The Test Site Operator and its team members must operate in accordance with all Applicable
Law regarding the protection of an individual’s right to privacy (hereinafter referred to as
“Privacy Laws”).
If the U.S. Department of Justice or a state’s law enforcement authority files criminal or civil
charges over a potential violation of a Privacy Law, the FAA may take appropriate action
including suspending or modifying the relevant operational authority (e.g., Certificate of
Operation, or Agreement) until the proceedings are completed. If the proceedings demonstrate
the operation was in violation of the Privacy Law, the FAA may terminate the relevant
operational authority.
b. Change in Law
If during the term of this Agreement an Applicable Law comes into effect that may have an
impact on UAS, including impacts on the privacy interests of individuals or entities affected by
any operation of any UAS operating at the Test Site, such Applicable Law is applicable to the
Agreement and the FAA may update or amend the Agreement to reflect these changes.
c. Transmission of Data to the FAA
The Test Site Operator should not provide or transmit to the FAA or its designees any data other
than the data requested by the FAA pursuant to Article 5 of this Agreement.
d. Other Requirements
The Test Site Operator must:
(i) Maintain a record of all UAS operated at the test sites
(ii) Require each Test Site Operator in the Test Site to have a written plan for the operator’s use
and retention of data collected by the UAS and how it will comply with NIAS UAS PMO
policies.
Nevada UAS Test Site Policy
Privacy policies and procedures for the Nevada UAS Test Site are the result of
consideration of Federal, State, and local legislation and policies. During the planning phase for
potential operations at the Nevada UAS Test Site, the NIAS UAS PMO will analyze proposed
test plans to ensure they meet applicable Federal and State privacy regulations, statutes, and
guidance for sensor requirements, data collection plans, and data retention plans. The NIAS
UAS PMO’s objective is to prevent inappropriate surveillance and collection of data which
invades an individual’s privacy. The NIAS UAS PMO’s policies are informed by numerous
sources such as:

Association for Unmanned Vehicle Systems International UAS Operations Industry
“Code of Conduct”
2 | The NIAS PMO is Managed and Operated by Bowhead, a wholly owned subsidiary of the Ukpeagvik Inupiat Corporation,
under contract to the Nevada Institute for Autonomous Systems.
NIAS UAS PMO
Privacy Policy
PMOUAS-DTC-TECH-3-7-001 Rev#0





Department of Justice/National Institute for Justice research and development and policy
recommendations
International Association of Chiefs of Police Aviation Committee’s Recommended
Guidelines for the Use of Unmanned Aircraft
Airborne Law Enforcement Association policies and procedures (manned and unmanned)
Department of Defense (DoD), US Air Force policies, procedures and operations
instructions (OI)
Department of Energy (DOE) policies and standard operating procedures
Operations Planning
The NIAS UAS PMO’s Flight Planning Guides and additional information collected
from prospective customers will help to ensure that UAS operations within the Nevada UAS Test
Site meet the currently established privacy laws and policies within the United States and the
State of Nevada. Examples of the information that the NIAS UAS PMO will request from
potential customers which will be used to evaluate privacy issues include:





Airspace requirements
UAS operating requirements (altitudes, profiles, spectrum, data handling)
Sensor specifications and operations requirements
Data collection requirements
Data retention requirements (what and for how long)
This information will be used by the NIAS UAS PMO planning staff to select appropriate
locations for the flight operations to provide for the greatest privacy protection. The PMO will
create a detailed test plan with realistic limitations on sensor operations and collection activity of
surveillance data during the missions. Empirical test data such as radar track information or
Automatic Dependent Surveillance - Broadcast (ADS-B) data should not be subject to these
limitations, but the PMO will determine the types of sensor data that will be subject to limitation
in concert with range authorities and NIAS legal counsel. The PMO will also use this data to
coordinate with range vendors such as airport authorities, DOE, DoD, land owners, and the
general public on the nature of the operations and sensor activities expected during the flights.
The NIAS UAS PMO will coordinate with the customer/operator and will limit or
prohibit sensor operations not specifically required or which have a real expectation of violating
privacy during the flights:


This will not preclude operational testing of the functionality of the sensor while airborne
if required, but will look to minimize unnecessary use throughout the mission.
If the operation is conducted in a “sensitive” area, steps will be taken to ensure sensors
are not operated during that time while over such area, including removing power from
3 | The NIAS PMO is Managed and Operated by Bowhead, a wholly owned subsidiary of the Ukpeagvik Inupiat Corporation,
under contract to the Nevada Institute for Autonomous Systems.
NIAS UAS PMO
Privacy Policy
PMOUAS-DTC-TECH-3-7-001 Rev#0

the sensor or confirming that the sensor is gimbaled in such a manner that data is not
collected.
Regardless of how data is collected (at the GCS, recorded on-board, transmitted to an
operations center, etc.), the data will be reviewed by the NIAS UAS PMO staff (Range
Coordinator or Privacy Representative as a minimum) or appropriate range authority
(Nellis Test and Training Range or DOE staff if appropriate).
The NIAS UAS PMO will only keep collected data for a specific period of time. Normal
retention periods will not exceed 90 days unless a waiver is requested. Requests for this waiver
shall be addressed to the PMO Flight Operations Manager. Such request may be completed via
e-mail with detail on the specific data type, affected dates, and reason for the waiver request. The
NIAS UAS PMO Privacy Representative and NIAS legal counsel if required will review the
request and relay a written decision on the waiver, normally via e-mail reply.
Operations Execution
Specific sensor limitations, data collection limitations and retention agreements will be
reviewed throughout the planning stages and again at Flight Readiness Review. Daily operations
flight briefings will re-emphasize these limits to ensure that the privacy policies are being
adhered to during flight operations. The on-site NIAS UAS PMO lead for Flight Operations
(Range Coordinator or Flight Operations Manager) will be responsible for ensuring compliance
with these limitations, including designation of personnel to monitor sensor operations and data
collected.
Post-flight Procedures
Following flight operations, the NIAS UAS PMO staff will provide a written report of
the flight activities and will include a summary of sensor operations and the collection of data, if
applicable. When required, sensor data will be reviewed by the NIAS UAS PMO staff or
designated range vendor authority (DOE/NTTR representatives). It shall be the policy of the
PMO that if any privacy issues or concerns arise during the course of a flight operation, they will
be documented and corrective action shall be documented by the reviewing authority with
feedback to the Flight Operations Manager.
Nevada Privacy Laws
Neither the State of Nevada Constitution nor the State of Nevada’s revised statutes have
specific sections dealing with privacy that could be directly applied to UAS activity within the
state. Therefore, the privacy protections of the United States guaranteed under the U.S.
Constitution and associated Federal regulations and case law apply in Nevada. “Supreme Court
privacy jurisprudence suggests that the Constitution will provide a much stronger measure of
protection against government UAS privacy abuses than is widely appreciated. The Fourth
Amendment has served us well since its ratification in 1791, and there is no reason to suspect it
4 | The NIAS PMO is Managed and Operated by Bowhead, a wholly owned subsidiary of the Ukpeagvik Inupiat Corporation,
under contract to the Nevada Institute for Autonomous Systems.
NIAS UAS PMO
Privacy Policy
PMOUAS-DTC-TECH-3-7-001 Rev#0
will be unable to do so in a world where unmanned aircraft are widely used. In addition, there are
substantial statutory and common law protections that will limit the ability of non‐government
entities to violate privacy using unmanned aircraft”.1
Lacking definitive guidance by State of Nevada statutes, the Nevada Test Site will
comply with a U.S. Federal laws and generally accepted privacy policy which prohibits using a
UAS for surveillance to capture imagery of individuals or privately owned real property to
possess, disclose, display or distribute for the purpose of legal action without a proper warrant. If
operations at the Nevada UAS Test Site result in the unintentional capture of such imagery
without proper warrant, the images will be destroyed.
It is important to note, that Fourth Amendment protections apply only to public aircraft
operations. Invasion of privacy is a commonly used cause of action in legal pleadings. Modern
tort law includes four categories of invasion of privacy:
1. Intrusion of solitude: physical or electronic intrusion into one's private quarters
2. Public disclosure of private facts: the dissemination of truthful private information which
a reasonable person would find objectionable
3. False light: the publication of facts which place a person in a false light, even though the
facts themselves may not be defamatory
4. Appropriation: the unauthorized use of a person's name or likeness to obtain some
benefits2
Change in Law
The NIAS will review this privacy policy annually in reference to changes in both
Federal and State of Nevada privacy laws, as well as, any newly established UAS regulation and
policies. Recommendations for amendment or replacement of any portions of this policy will be
brought to the attention of the Executive Director of the Board of Directors of the Nevada
Institute for Autonomous Systems and the Program Management Office.
Transmission of Data to the FAA
The Nevada UAS Test Site will not provide or transmit to the FAA or its designees any
data other than the data specifically requested by the FAA pursuant to Article 5 of the OTA.
1
Observations From Above: Unmanned Aircraft Systems and Privacy, John Villasenor, Harvard Journal of
Law & Public Policy, Volume 36
2
William Prosser (1960), "Privacy", California Law Review (Vol 48, No. 3, pages 383-423).
5 | The NIAS PMO is Managed and Operated by Bowhead, a wholly owned subsidiary of the Ukpeagvik Inupiat Corporation,
under contract to the Nevada Institute for Autonomous Systems.
NIAS UAS PMO
Privacy Policy
PMOUAS-DTC-TECH-3-7-001 Rev#0
Other Requirements
The Nevada UAS Test Site will:
(i) Maintain records of all UAS operating at the test sites; and
(ii) Require each Test Site Operator in the Test Site to have a written plan for the
operator’s use and retention of data collected by the UAS.
Records of UAS flights at the Nevada UAS Test Site will include operational summaries
of sensor usage, data collection and data retention as previously noted in the operational policy
above. These records will be maintained for the duration of the OTA.
The NIAS UAS PMO will assist Test Site customers/operators in producing a written
plan for use and retention of data collected by the UAS. The PMO will provide a template to
potential customers during the planning/qualification phase of an opportunity to assist the
development of this plan.
Public Review and Comment
The Nevada UAS Test Site Privacy Policy will be presented for review and approval of
the NIAS Board of Directors and will be available to the public at that meeting. Additionally,
upon approval by the Board, the policy will be posted on the nias-uas.com web site with an email form to solicit public comments. That e-mail will be privacy@nias-uas.com and will be
delivered to the PMO Privacy Representative and General Manager to ensure coverage on
responses to comments.
Annual Review and Revision
The Nevada UAS Test Site Privacy Policy will be reviewed annually to consolidate
revisions caused by changes in the FAA OTA requirements or policies and Federal, State or local
law. Immediate requirements for revisions may be ordered by the NIAS Board of Directors at
any time. Revisions will be controlled by the NIAS UAS PMO document control and revision
processes.
Office of Primary Responsibility
The Nevada UAS Test Site’s privacy policies will be informed by Fair Information
Practice Principles, and the NIAS UAS PMO will be primarily responsible for ensuring that the
requirements of the privacy policies are applied to all operations conducted at the Nevada UAS
Test Site under the OTA.
6 | The NIAS PMO is Managed and Operated by Bowhead, a wholly owned subsidiary of the Ukpeagvik Inupiat Corporation,
under contract to the Nevada Institute for Autonomous Systems.