Pentagon finds National Guard use of surveillance planes during US protests was legal but changes are needed

Investigators found, however, that policies and regulations governing the use of the aircraft in question were unclear and outdated, and that it should be classified as an aircraft that could gather intelligence, Pentagon officials said.

The planes were deployed when National Guard assistance was requested in response to "peaceful and violent protests" occurring in many cities following the death of George Floyd in Minneapolis, the report said, adding that "decisions were made at various places and levels for aircraft overflights to provide awareness about emerging events."

The missions "did not collect personal information. The sensors on the aircraft were not capable of identifying any distinguishing features of people, or other potentially identifying characteristics such as race or gender," the report said. "The missions were not used to track individuals, but there was a risk that they could have been."

Timely information

The flights were conducted by RC-26B reconnaissance aircraft, which carry pods with equipment that can gather both electro-optical and infra-red imagery. Congress had expressed concern that the data collected could be considered to be domestic intelligence gathering by the military, which is prohibited unless it is approved by the secretary of defense in an extraordinary circumstance.

The IG report found that the data gathered was aimed at providing law enforcement timely information on what was happening on the ground. "Such visuals of major crowd movements or fires near government buildings, property, or roads helped officials on the ground maintain near real time awareness, all in public places, without collecting personal information on or identifying individual citizens," the report said. "There is no evidence individuals or specific organizations were targeted, following or identified."

The aircraft is typically used by the National Guard in disaster relief and counter drug operations to provide data on what is happening on the ground.