Drone Law Loophole Eliminates Protection of Privacy
Privacy protection to Texans, from drones with cameras, was supposed to be granted by a state law passed a couple years ago.
ABC-7 has learned a loophole in the law leaves places along the border, like El Paso, unprotected.
The loophole actually allows people to use drones with cameras within 25 miles of the border, essentially covering all of the Sun City.
“Drones are a good tool, like any tool they can easily be used and I guess that’s the question at hand,” said Jackson Polk, a documentary filmmaker who uses drones to record aerial shots of El Paso.
Polk was surprised to learn of the loophole that allows him to use his drone with a Go-Pro camera within 25 miles of the border.
“In the case of the drone business, that’s just a loophole that allows more use of it,” Polk said. “I would suggest it’s just a matter of common sense and common courtesy.”
Polk said he would never use drones to spy on people, but that doesn’t mean others wouldn’t.
“I’m not out to harass somebody,” Polk said. “But if you were out to harass somebody, you could probably do a really good job with a (camera-equipped drone).”
A subsection of the law states it is okay to capture an image of people or property within 25 miles of the U.S. Border. The rule was meant to apply to law enforcement only, not private individuals. Lawmakers did not specify that in the law.
“Very concerning because here on the border we’re not 25 miles from the border we’re right on the border,” said famed private investigator J.J. Armes, who doesn’t use drones.
“I think it’s very careless, very careless, because these drones are open to anyone and 25 miles to the border, that’s almost here into New Mexico, and anywhere you want to go,” said Armes.
State Rep. Joe Moody told ABC-7 the loophole runs contrary to the goal of the legislation. “It was meant to protect the privacy rights of Texas. This broad exemption on the border was never the intent,” said Moody, who believes the law should be amended.
