RIGHTS AND SCIENCE IN THE DRONE ERA ACTUAL CHALLENGES IN THE CIVIL USE OF DRONE TECHNOLOGY (original) (raw)
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The legal framework for the use of drones poses great challenges, and it is essential to develop a study that addresses the various levels of regulation that, at least in the European Union, are affected by provisionality and contingency, as is the case of EU Regulation 216/2008; and the same occurs on a domestic level in Spain with Law 18/2014 and the new bill project. However, we need to establish adequate regulation of the civil use of drones and embedded technology —which is in constant development— whilst ensuring legal security for drone operations, and respect for any fundamental rights that may be affected, across a multi-level legal perspective (EU, domestic). Therefore, this work attempts to provide an analysis of the current European Union and Spanish legislation from this perspective, with particular focus on the civil use of drones.
Actual Challenges for fundamental rights protection in the use of drone technology
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Drone is one of the current technological devices with the greatest prospects for use. It is estimated that last year the drone business mobilized more than 7 million dollars worldwide in the distribution sector, and that this figure would approach 30 million by 2021. Certainly, although its use is very widespread in the military field, its use in the civil field also presents great challenges, particularly from the perspective of fundamental rights that may be affected by the use of drones (privacy, image, data protection) which impact may vary —and it likely will— as the technology can incorporate progresses. Drone operations must respect and guarantee the regulations for the protection of rights at the European level, in particular the Charter of Fundamental Rights of the European Union, but also at national level in the respective scoop of application. Our aim in this paper is to develop an overview on the actual European legal framework for the civil use of drones outlining fundamental rights protection challenges from multilevel constitutional perspective.
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The aim of this study is to compare the regulations of the three European countries applied to drones or RPASs (remotely piloted aircraft systems) to find similarities and differences, particularly in the use of civil drones for professional and commercial purposes. This analysis gives a clear understanding of the requirements that each country establishes to operate with drones in its territory. As a general rule, countries regulate the activity of drones in their territory by residents in the country, although they leave the door open to operators from other countries to operate legally. In general, the focus of international and national regulations is given to safety. Nevertheless, small drones avoid many of these requirements, as they weigh less than 150 kg and pose fewer risks to people. However, bearing in mind that this kind of work could be related to creative industries, on a professional level, insurance should cover any property damage.
Legal Regulation of the Use of Drones: Human Rights and Privacy Challenges
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This research paper examines the impact of unmanned aerial vehicles (UAVs), notably drones, on contemporary society and analyses the legal challenges and potential human rights and privacy violations associated with their widespread use. Specifically, the article focuses on the issues of invasion of privacy, illegal collection and use of personal data, and illegal display and distribution of information. The main goal of this work is to emphasise the need for legal regulation of the use of drones, which balances human rights and freedoms, addresses security and privacy, and also promotes the development of technologies in this area. It should be noted that drones have opened up new opportunities in various fields of industry such as environmental monitoring, agriculture, medical care and intelligence service. However, along with these advantages, there are serious legal problems that require special attention of the legislation. The article provides examples of legal regulation, ana...
Recent EU Legislation Relating to Drones in the Light of Right to Privacy
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On 4 th of July 2018, the European Parliament and the Council adopted the EU regulation No. 2018/1139 on common rules in the field of civil aviation (hereinafter: Regulation), which consists of provisions also for the operations of Unmanned Aircraft Systems (UAS), so-called drones 1. The implementing acts relating to UAS are actually under preparation, the Commission has already adopted the delegated act on 12 th March 2019, and the implementing regulation will also come into force as the scrutiny period will end 2. These acts will be directly applicable in all Member States. The draft of implementing regulation contains the main features of the UAS category (open, specific and certified), the competence of drone pilots, the rule for airworthiness, for conducting an operational risk assessment, the authorising the operations in the specific category, etc. The delegated regulation contains the technical requirements of drones in open category, and for CE marking also, which markings will be certify the airworthiness of the given UAS devices instead of any special authorisation process. 3 The process of EU regulation of drones had already started in 2014 with the EU Commission's Communication (COM(2014)207) about "A new era for aviation-Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner", and it was followed by the Riga Declaration on Remotely Piloted Air Systems: Framing the future of aviation, of 6th March 2015. 4 The latter document laid down the main principles to guide the regulatory framework in Europe. There are the followings: (1) Drones need to be treated as new types of aircrafts with proportionate rules based on the risk of each operation. (2) EU rules for the safe provision of drone services need to be developed now. (3) Technologies and standards need to be developed for the full integration of drones in the European airspace. (4) Public acceptance is a key to the growth of drone services. (5) The operator of a drone is responsible for its use. 1 Classically, the drone means a remotelly piloted arcraft systems (RPAS) propelled by multi rotors (multi rotors helicopters, i.e. multicopters). They are also called as unmanned aerial vehicle (UAV), unmanned aircraft system (UAS). Hereby the drone and unmenned aircraft terms are used for the same meaning, for the sake of simplicity, paralelly with the Regulation definition of unmanned aircraft. The scope of the EU regulation covers all types of unmanned aircrafts (for recreational or for business but for only in civil aviation); such as remotelly piloted, autonomous or optionally piloted UAs, with the exception of so-called tethered aircrafts. 2 Draft for implementing regulation of the Commission ref.No. Ares(2018)5119803 3 C(2019) 1821 final 4 Riga Declaration on Remotely Piloted Air Systems: Framing the future of aviation, of 6 March 2015, and the Resolution of the European Parliament on the safe use of remotely piloted aircraft systems (RPAS), commonly known as UAVs, in the field of civil aviation (2014/2243(INI)
From Blue Skies to Gray Areas: Examining Privacy and Property Law in the Age of Drone Technology
Richmond Journal of Law and Technology, 2023
This article presents a comprehensive analysis of the legal frameworks governing the use of drones in both the United States and the European Union, and the privacy and property rights issues that arise from their use. The article emphasizes the importance of balancing the benefits of drone technology with the protection of individual rights. The regulatory frameworks governing drones are compared between the two jurisdictions, highlighting key similarities and differences. Furthermore, the article delves into the legal challenges surrounding drone usage and property rights, offering several solutions to address privacy concerns. In conclusion, the article highlights the need for a proper balance between the rights of landowners and drone operators and greater clarity in the United States law regarding airspace rights over low-altitude airspace above an individual's land. The article recommends that state legislatures clarify landowners' rights to exclude drones from their property or that governments exercise eminent domain to condemn public drone pathways or corridors. It also suggests that transparency in the operation of drones over private property is necessary to promote accountability for potential privacy violations.
Unmanned aircrafts, subsumed under the term "drones", have become in recent years due to their number and wide application a mass phenomenon. Despite the overall contribution of drones to the environmental protection, they may also have negative effects on the environment. There are fears that birds, seals or other animals are disturbed, that the drone controllers enter protected areas or that the landscape is affected. At EU level, the development of special drone rules is at a draft stage. The aviation Regulation (EC) No 216/2008 provides technical safety requirements, the airfields and controllers of unmanned aircrafts, but for a drone weight above 150 kg. Those below that weight are to be regulated by each Member State as they see appropriate. In Germany, the new Drone Regulation entered into force on 7 April 2017. It integrated nature conservation aspects of drone operations into the existing aviation legislation. However, the German nature conservation legislation lacks explicit provisions regulating drone flights as a permissive intervention to protected areas. In Greece, the Regulation of Flights of Unmanned Aircraft Systems (drones) entered into force on 1 January 2017 (Off. Gaz. Β 3152/30-9-2016). This Regulation specifies the terms, conditions and the way for obtaining the license of a drone operator, instructor and examiner, but does not contain any specific nature conservation standards regarding the use of drones. The aim of the present paper is to examine: a) the new general legislative framework for drones and b) the legal conflicts arising out of the use of drones in protected areas in Germany and Greece.
Privacy law implications of the use of drones for security and justice purposes
International Journal of Liability and Scientific Enquiry, 2014
With the advent of new technologies, new means of surveillance and data collection have appeared on the radar. Drones are among the latest to be considered for domestic security purposes, both in the EU and the USA. After surveying some examples of the non-warfare use of drone for security and criminal justice purposes, this article analyses applicable privacy and data protection legislation and constitutional guarantees, on both sides of the Atlantic. This study extends to the application to drone-generated data of, inter alia, the Fourth Amendment to the US Constitution, Council of Europe instruments, and the EU Data Protection Framework, highlighting challenges to civil liberties and tensions between these and national security and justice concerns. Finally, this article looks briefly at proposals for legislative reform regarding drones at the US State and Federal levels and prospects for future legislation.