HB 2789 - Establishes Usage Policy for Extraordinary Sensing Devices - Washington Key Vote

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Title: Establishes Usage Policy for Extraordinary Sensing Devices

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Title: Establishes Usage Policy for Extraordinary Sensing Devices

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes a usage policy for unmanned aircraft equipped with extraordinary sensing devices.

Highlights:

  • Prohibits a governmental agency from operating an “extraordinary sensing device” and using personal information collected from its operation, unless a court warrant has been issued or there is an emergency situation with the following characteristics (Secs. 3 & 9):
    • The situation does not involve criminal activity;
    • The situation presents immediate danger of an individual’s death or serious physical injury; and
    • The situation presents life threatening or dangerous characteristics that can be mitigated by the use of an extraordinary sensing device. 
  • Defines “extraordinary sensing device” as a “sensing device” attached to an unmanned aircraft system (Sec. 2).
  • Defines “sensing device” as a device capable of remotely acquiring personal information from its surroundings, using any frequency of the electromagnetic spectrum, or a sound detecting system (Sec. 2).
  • Authorizes a governmental agency to use an extraordinary sensing device for certain purposes without a warrant if there is no intent to collect personal information and it is “unlikely” that personal information will be accidentally collected, including the following purposes (Sec. 9):
    • For the purpose of monitoring and preventing forest fires;
    • For the purpose of surveying wildlife management and habitat preservation; and
    • For the purpose of surveying and monitoring environmental or weather-related damage or catastrophes.
  • Authorizes the use of an extraordinary sensing device for the purpose of training, testing, or research if no personal information is gathered without the specific written consent of the individuals observed (Sec. 9).
  • Prohibits a local agency with jurisdiction over criminal law enforcement or regulatory violations from purchasing an extraordinary sensing device without the approval of the local governing body to use an extraordinary sensing device for a specific purpose (Sec. 4).
  • Prohibits a state agency or organization with jurisdiction over criminal law enforcement or regulatory violations from purchasing an extraordinary sensing device unless funds are appropriated by the legislature for this specific purpose (Sec. 4).
  • Requires a state agency to maintain record of each use of an extraordinary sensing device and submit an annual report to the Office of Financial Management to be forwarded to the legislature (Sec. 16).
  • Prohibits any state agency or organization with jurisdiction over regulatory violations from using an extraordinary sensing device to enforce regulations until the legislature has approved of usage standards recommended by a governmental work group on December 1, 2014 (Sec. 10).

 

Title: Establishes Usage Policy for Extraordinary Sensing Devices

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