McKenna serves as principal legal consultant on Police Foundation report

UNIVERSITY PARK, Pa. – In a joint effort directed by the Department of Justice (DOJ - COPS Division) and the Police Foundation, Visiting Assistant Professor of Law Anne T. McKenna was retained as principal legal consultant to research, prepare legal analysis, and advise domestic law enforcement using unmanned aerial surveillance vehicles (UAVs or drones).

After working with the DOJ, state and local police nationwide, the National Institute of Standards and Technology (NIST), the ACLU, and other privacy advocates, McKenna prepared a series of comprehensive legal memoranda to aid in the DOJ project’s ambitious goal: creation of a resource for state and local police departments to reference when using drones. As UAVs become increasingly affordable and accessible by all, law enforcement agencies across the country have struggled with proper use, notice to the populace, risk management, and where the line should be drawn with respect to privacy, including appropriate access, use, and disclosure of electronic data collected by UAVs.

DOJ and the Police Foundation’s main objective was to enable officers to use this cost-effective technology to keep the public safe and informed, but that law enforcement do so in a manner consistent with the Constitution and various federal and state laws, without invading citizens’ privacy. Researched and compiled between 2014 and 2016, the result was the Community Policing & Unmanned Aircraft Systems (UAS): Guidelines to Enhance Community Trust.

McKenna’s legal memoranda address constitutional implications, privacy, risk management, data retention and storage, access to data, and notice to the public when domestic law enforcement implements use of UAVs, among many other concerns. In the DOJ and Police Foundation’s resulting Guidebook, they chose to append and include McKenna’s full legal memoranda.

“It was a great experience, working with police chiefs from across the U.S. Uniformly, they demonstrated a desire to make sure this technology was used lawfully – while recognizing the safety benefits and cost-effective rewards drones can bring in keeping citizens safe, the police chiefs were cognizant and openly concerned about the technology’s potential to violate a citizen’s right to privacy,” said McKenna. “I felt privileged to work alongside these men and women.”

She emphasized that there was no “big brother” drive from any of the individuals that worked on the report; the primary concern was protecting citizens and their rights. The final guidebook ended up with a useful set of guidelines for police to follow as they integrate UAV technology into their departments.

McKenna had help in researching and compiling the extensive background research this project required from her team of associates: Sima G. Fried, Claire T. Gartland, and Michelle Lease, all from the law firm of Silverman/Thompson/Slutkin/White (STSW).

McKenna joined Penn State Law from STSW, where she chaired the firm’s cyber and privacy law group. She is a nationally recognized trial attorney and author in cyber, privacy, electronic surveillance, and cellular law, and has represented businesses, institutions, and individuals in litigation and non-litigation cases, including matters related to workplace privacy and surveillance, data breach and data theft, electronic surveillance statutory claims, and privacy.