DC Circuit Rules EPIC Lacks Standing to Challenge FAA on Drone Privacy

The Electronic Privacy Information Center lacks standing to compel the FAA to create drone privacy rules, the U.S. Court of Appeals for the D.C. Circuit ruled Tuesday. In its 2016 lawsuit against the FAA, EPIC said the FAA Modernization Act identified "privacy as an important issue to address" in a comprehensive plan to integrate drones into the national airspace (see 1702280006). “The speculative nature of the injury alleged means that EPIC has failed to show that these rules caused either a substantially increased risk of harm or a substantial probability of harm in light of that increased risk,” wrote Judge David Sentelle in the opinion with Judges Merrick Garland and Raymond Randolph. “The FAA has not impaired or injured EPIC’s activities.” EPIC will keep pushing for drone privacy safeguards at the agency, the group said Tuesday. "The ruling speaks for itself," an FAA spokesperson said.