The adequacy of privacy and safety law in the regulation of unmanned aircraft systems

Abstract

Originally reserved for military use, Unmanned Aircraft Systems have wormed their way into the market readily available for off-the-shelf purchase by consumers ranging from private laypersons to renowned global businesses. A variety of consumers implies a variety of potentialities, ranging from infrastructure inspections, search and rescue operations, and national crisis management, to the more common leisure uses providing a novel means to capture that ‘holiday snap’. While drones in and of themselves pose minimal threat, the range of technologies that they can be equipped with - and their endless combinations - can render UASs a danger to society. Accordingly, this term paper seeks to analyse the legal concerns surrounding drones, with a particular focus on the privacy and safety rights enshrined in EU law, presenting a critical study into the adequacy of the current regulatory frameworks at local and supranational levels. Despite efforts in place at every step in the regulatory spectrum, this paper investigates the extent to which prevailing legislative instruments, applicable to incidents arising from UAS use, succeed in safeguarding citizens against the rapidly evolving threats to these rights. The focus of this paper thus seeks to draw attention to the issues which prevail in today’s ‘drone-infested’ open skies and analyses the shortcomings of current legislation, suggesting informed short- and long-term recommendations to strike the perfect balance between fostering market growth and commercial interests on the one hand, while 3 ensuring the protection of citizens’ basic human rights on the other - a cumbersome task that has shackled legislators since the dawning of this modern technology.