Applicable Privacy Laws and Standard Policies
State and Federal privacy Laws
The NPUASTS is subject to and will comply with all applicable federal and state privacy laws. The State of North Dakota is an Open Records state. North Dakota's laws state that all government records and meetings must be open to the public unless otherwise authorized by a specific law. The basic laws are found in North Dakota Century Code, beginning at §44-04-17.1. The NPUASTS works with clients to ensure Non-Disclosure Agreements are signed between entities to help protect sensitive company information while performing research.
University of North Dakota Employee Policies
The NPUASTS is subject to and will comply with UND's employee policies.
Clientele UAS Policy
The NPUASTS will work with clients to support any clientele's UAS Policy as required.
- State and Federal privacy Laws
FAA UASTS OTA Article 3 (DTFACT-14-A-00002)
All NPUASTS activities will follow the policy outlined in this section in addition to any required policies outlined in Section 2. In the case where NPUASTS Client UAS Policies are applied, the NPUASTS Principle Investigator (PI) or NPUASTS Project Manager (PM) will work with the client to ensure the project is reviewed and approved by the appropriate authority defined in client's UAS Policy.
All proprietary data owned by NPUASTS users or derived from NPUASTS operations shall not be disclosed by NPUASTS personnel unless required by law or FAA regulation.
Records of all NPUASTS UAS Operations and Data Retention Plan
It is a standard operating procedure of the NPUASTS that a record be kept of all UAS vehicles operating within the organization. This data is maintained throughout the term of the OTA. A minimum set of data to be maintained includes the following:
- Vehicle make, model and serial number
- Dates of missions flown
- Locations of missions flown
- Mission commander of each mission flown
Data Transmission to the FAA
The NPUASTS will transmit data to FAA based on requirements of the OTA or any other agreement with the FAA. No data will be sent to the FAA that violates any state or federal laws. NPUASTS will take precaution to exclude any such data from mission plans, and post-flight data, and remove any such data inadvertently captured.
It is the policy of the NPUASTS to conduct all research and development and UAS flight activities in accordance with FAA rules and regulations, applicable policies at the University of North Dakota, and with applicable state law. This policy shall be in effect for all test-site operations with regard to the following provisions:
That airspace designated by the FAA as operational areas of the NPUASTS is exempt by provisions of state law; HOWEVER,
- Any image otherwise in violation of the law and inadvertently captured by NPUASTS activities shall be promptly and totally destroyed; PROVIDED,
- That demonstrable proof exists of such an image, and that it shall be the complainant's burden to show such proof upon notice via the NPUASTS Internet site;
- That NPUASTS recognizes a common-law right to privacy and that all test-site activities are planned and executed to protect homesteads from unreasonable intrusion in a way that is highly offensive, unjustified and unwarranted;
- That NPUASTS activities shall take all necessary precautions to ensure that a person's likeness not be published without consent and in a way that benefits or profits a third party;
- That airspace designated by the FAA as operational areas of the NPUASTS is exempt by provisions of state law; HOWEVER,
Public Notification of Policy
The NPUASTS public policy will be posted on the NPUASTS Internet site at: https://www.npuasts.com/privacy.
Public Notification of Operations
The NPUASTS will post a schedule of operations for public viewing at their offices on the campus of UND. This area is open to the public during normal business hours. Schedule of operations will also be provided to the FAA a minimum of one week prior to each event.
It is a standard operating procedure that a record be kept of all UAS flight activities and that this data be maintained throughout the term of the OTA.
The NPUASTS will evaluate changes to the state and federal laws that may apply to NPUASTS operations.
Amendment to Policy
Office of Primary Responsibility
The NPUASTS privacy policies will be informed by Fair Information Practice Principles and the NPUASTS Research & Development Division will be primarily responsible for ensuring that the requirements of the privacy policies are applied to all operations conducted at the NPUASTS.
- Intellectual Property