This was originally posted in the LA Times and the regurgitating newsies at Fox 5 in SD hijacked it for themselves.
PRIVACY
•Data mining: State agencies are barred from cooperating with federal officials in the mass collection of phone and computer records unless a warrant has been issued.
•Drones: Prosecution for invasion of privacy is permitted when aerial drones are used to photograph or record another person in a private setting.
•Students: School districts collecting information on students through social media are limited to data involving student or school safety. Districts must allow parents to review and correct any such information collected.
So...the next question is "What is a private setting?" Better yet, is this law really aimed at drones?
The Assembly bill that was passed was AB-2306, which deals with constructive invasion of privacy and liability for such. It amends section 1708.8 of the California Civil Code as follows:
http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml
"AB 2306, Chau. Constructive invasion of privacy: liability.
Under existing law, except as specified, a person is liable for constructive invasion of privacy when a person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression, through the use of a visual or auditory enhancing device, of another person engaging in a personal or familial activity under circumstances in which the other person had a reasonable expectation of privacy. Existing law subjects a person who commits a constructive invasion of privacy to specified damages and civil fines.
This bill would expand a person’s potential liability for constructive invasion of privacy, by removing the limitation that the person use a visual or auditory enhancing device, and would instead make the person liable when using any device to engage in the above-described unlawful activity.
This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 1256 that would become operative if this bill and AB 1256 are both enacted and this bill is enacted last."
Search of this section of the civil code never specifically mentions drones, UAVs, etc. Not that they are not umbrella under "devices" but come on, folks. This is not a drone-related law.
PRIVACY
•Data mining: State agencies are barred from cooperating with federal officials in the mass collection of phone and computer records unless a warrant has been issued.
•Drones: Prosecution for invasion of privacy is permitted when aerial drones are used to photograph or record another person in a private setting.
•Students: School districts collecting information on students through social media are limited to data involving student or school safety. Districts must allow parents to review and correct any such information collected.
So...the next question is "What is a private setting?" Better yet, is this law really aimed at drones?
The Assembly bill that was passed was AB-2306, which deals with constructive invasion of privacy and liability for such. It amends section 1708.8 of the California Civil Code as follows:
http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml
"AB 2306, Chau. Constructive invasion of privacy: liability.
Under existing law, except as specified, a person is liable for constructive invasion of privacy when a person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression, through the use of a visual or auditory enhancing device, of another person engaging in a personal or familial activity under circumstances in which the other person had a reasonable expectation of privacy. Existing law subjects a person who commits a constructive invasion of privacy to specified damages and civil fines.
This bill would expand a person’s potential liability for constructive invasion of privacy, by removing the limitation that the person use a visual or auditory enhancing device, and would instead make the person liable when using any device to engage in the above-described unlawful activity.
This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 1256 that would become operative if this bill and AB 1256 are both enacted and this bill is enacted last."
Search of this section of the civil code never specifically mentions drones, UAVs, etc. Not that they are not umbrella under "devices" but come on, folks. This is not a drone-related law.