For the last several years, Private Detectives in Michigan and other states have been offering the use of drone technology to gather better evidence and also to reduce the cost of surveillance. On February 15, 2015, the Federal Aviation Administration (FAA) released its proposed rules governing the use of small commercial drones. In a related action, a presidential memorandum governing how federal agencies will use drones was also distributed on the same day. One of the goals of the memo is to ensure that First Amendment protections are not violated.
Drone technology has been described as transformative to all type of public and private applications, and it is advancing at an unprecedented pace. The rules governing usage are beginning to catch up; however, potential privacy violations could be the 800 pound gorilla in the room.
For many years, statutory limitations, government regulations and courts have addressed privacy issues as relates to traditional forms of electronic and physical surveillance conducted by public and the private organizations. Absent that type of direction with regard to drone usage, what would be your instruction to your detective if he/she offers its use on your assignment? Remember, over the last 75 years, Private Detectives have been sued mostly for various types of intrusive behaviors. Do you want them navigating a device over an individual’s residence surrounded by a privacy fence or accessed only by having to trespass? Do you want your detective flying a drone over private property during hunting season? The jury has yet to be impaneled on these issues. For now, seek advice from counsel, and be sure and have a discussion with your detective about your comfort level on the use of a drone on your assignment.
Research North, Inc. (RNI), is a professional private detective service providing support to the business community, the insurance industry and individuals in Michigan and Wisconsin since 1981. The company also offers pre-employment background checks to small and medium sized businesses through a subsidiary called Backgroundcheckswork.com that is fully staffed by professional investigators who are retired from law enforcement.
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