An Act To Promote Transparency with Respect to Surveillance Technology
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §59 is enacted to read:
§ 59. State acquisition and use of surveillance technology
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings:
A. "State entity" means any office, department, agency, authority, institution or other instrumentality of the State;
B. "Surveillance data" means any electronic data collected, captured, recorded, retained, processed, intercepted, analyzed or shared by surveillance technology; and
C. "Surveillance technology" means any electronic surveillance device, hardware or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring or sharing audio, visual, digital, location, thermal, biometric or similar information or communications specifically associated with, or capable of being associated with, any specific person or group or any system, device or vehicle that is equipped with an electronic surveillance device, hardware or software.
2. Surveillance technology; requirements for acquisition and use. A state entity may not seek funding or in-kind support to acquire surveillance technology; acquire, share or borrow surveillance technology; use surveillance technology for a purpose or in a manner not previously approved by the Legislature under this subsection; or request proposals for or enter into an agreement with another entity to acquire, share, borrow or otherwise use surveillance technology or surveillance data, unless the state entity:
A. Holds a public hearing regarding the functionality of the proposed surveillance technology to be acquired or used; the proposed activity or activities relating to surveillance technology; adverse effects, if any, the use of the proposed technology could have on civil rights and civil liberties; measures that could be implemented to avoid any adverse effects; and with which other entities, if any, the state entity may voluntarily share surveillance data. The state entity shall publish notice of the public hearing in a newspaper with general circulation throughout the State at least 14 days in advance of the public hearing. The state entity shall provide the opportunity for members of the public to provide written and oral testimony at the public hearing and to file written testimony within 10 days of the close of the public hearing; and
B. Obtains legislative approval of the proposed activity or activities relating to surveillance technology. For the purposes of this paragraph, "legislative approval" means enactment of legislation that:
(1) Expressly approves the use of the surveillance technology for a specified activity or activities;
(2) Limits the use of the surveillance technology to the expressly approved activity or activities under subparagraph (1);
(3) Enumerates with which other entities, if any, the state entity may voluntarily share the surveillance data; and
(4) Provides that legislative approval for the use of the surveillance technology is contingent upon the implementation of any measures the Legislature considers necessary to avoid adverse effects of that use on civil rights and civil liberties.
Sec. 2. 25 MRSA §4501, sub-§§3 and 4, as enacted by PL 2015, c. 307, §1, are amended to read:
3. Acquisition of unmanned aerial vehicles. The Subject to the additional requirements imposed by Title 5, section 59, the acquisition of an unmanned aerial vehicle by a law enforcement agency must be approved by the governing body of the governmental unit overseeing the law enforcement agency seeking to make such an acquisition or, in the case of a state agency, by the commissioner of that agency.
4. Law enforcement agency operation of unmanned aerial vehicles. A law enforcement agency's operation of an unmanned aerial vehicle must fully comply with all Federal Aviation Administration requirements and guidelines, including the acquisition of a certificate of authorization or waiver from the Federal Aviation Administration and with the requirements imposed in Title 5, section 59. Additionally, a law enforcement agency's use of an unmanned aerial vehicle is governed by the following provisions.
A. A law enforcement agency may not use an unmanned aerial vehicle before adopting standards that meet, at a minimum, the standards set forth in subsection 5.
B. Except as permitted by a recognized exception to the requirement for a warrant under the Constitution of Maine or the United States Constitution, a law enforcement agency may not use an unmanned aerial vehicle for criminal investigations without a warrant.
C. Notwithstanding paragraph A, a law enforcement agency may use an unmanned aerial vehicle for the purpose of a search and rescue operation when the law enforcement agency determines that use of an unmanned aerial vehicle is necessary to alleviate an immediate danger to any person or for training exercises related to such uses.
D. Notwithstanding paragraph A, a law enforcement agency may use an unmanned aerial vehicle for purposes other than the investigation of crime, including, but not limited to, aerial photography for the assessment of accidents, forest fires and other fire scenes, flood stages and storm damage.
E. In no case may a weaponized unmanned aerial vehicle be used or its use facilitated by a state or local law enforcement agency in this State.
F. A law enforcement agency may not use an unmanned aerial vehicle to conduct surveillance of private citizens peacefully exercising their constitutional rights of free speech and assembly.
G. Notwithstanding paragraph A, a law enforcement agency may use an unmanned aerial vehicle for an emergency use approved by the chief administrative officer of the agency or the Governor.
summary
This bill requires a state entity to hold a public hearing and obtain legislative approval prior to engaging in certain activities relating to the acquisition and use of surveillance technology.