The document discusses the privacy and data protection issues related to the use of unmanned aerial systems (UAS) for earth observation. It notes that while geospatial data collected by UAS does not directly relate to individuals, powerful sensors could allow individuals to be identified if captured, which may implicate data protection law. The document also examines how quasi-stationary, high-altitude UAS conducting prolonged observation could raise some privacy concerns if individuals are visible. It outlines resources and guidance being developed to help drone operators and professionals address these legal issues through privacy by design and risk assessments.

1. Fly respectfully
consider privacy
Fly safely
follow flight safety rules
Fly responsibly
be insured
Privacy and Data Protection: Limits
and Opportunities for Unmanned
Aerial Platforms for Earth Observation
Anna Donovan
Anna.Donovan@trilateralresearch.com
Brussels, 13 September 2018

2. The rights to privacy and data protection
• Privacy
Everyone has the right to respect for his or her private and
family life, home and communications.
- EU Charter of Fundamental Rights,Article 7
• Personal data protection
1. Everyone has the right to the protection of personal data
concerning him or her.(…)
- EU Charter of Fundamental Rights,Article 8
• Specific laws:
– General Data Protection Regulation
– EASA Regulation laying down rules and procedures for the operation
of unmanned aircraft requires:
• Respect for privacy and data protection
• Assess privacy risks in higher-risk operations –‘specific’ category flights
This presentation is funded by the European Union’s COSME Programme (2014-2020).

3. How could drones impact privacy and data
protection?

4. How could UAS for Earth observation be used?
• Purpose of Copernicus – Earth monitoring
• Unmanned Aerial Systems (UASs) could be used to
compliment satellite-based Copernicus data:
– High Altitude Pseudo-Satellites or Platform Systems
– quasi-stationary over a fixed point on earth from weeks to months at
very high altitude

5. Would UAS for Earth observation be impacted
by data protection?
• Data protection law applies only to “personal data”
– Geo-spatial data does not directly relate to individuals
– However, can individuals captured be identified?
• Powerful sensors and detailed data
• Quasi-stationary
• Open data and its potential users
• Possibilities for correlation of data from multiple sources
• If yes, will data protection law limit UAS for Earth observation?
– Requirements are risk-based
– Article 89 GDPR offers more lenient requirements where data is
processed for archiving, scientific, research or statistical purposes
• To avoid GDPR altogether - anonymise data before making it open
This presentation is funded by the European Union’s COSME Programme (2014-2020).
Would UAS for Earth observation be impacted
by data protection?
• Data protection law applies only to “personal data”
– Geo-spatial data does not directly relate to individuals
– However, can individuals captured be identified?
• Powerful sensors and detailed data
• Quasi-stationary
• Open data and its potential users
• Possibilities for correlation of data from multiple sources
• If yes, will data protection law limit UASfor Earth observation?
– Requirements are risk-based
– Article 89 GDPRoffers more lenient requirements where data is
processed for archiving, scientific, research or statistical purposes
• To avoid GDPRaltogether - anonymise data before making it open
This presentation is funded by the European Union’s COSME Programme (2014-2020).

6. Would UAS for Earth observation be impacted
by privacy?
• The EASA Regulation (currently discussed) and requirements
for ‘specific’ category missions
– Comply with a standard scenario (to be published), or
– Carry out an operational risk assessment, including privacy risks
• Privacy concerns where there is interference with the private
lives of individuals:
– Individuals are captured in their private spaces (homes, gardens)
– Individuals are tracked, monitored, surveilled
• If individuals are visible, quasi-stationary prolonged
observation could raise some privacy concerns

7. What is being done?
• DroneRules.eu
– Privacy resources, including a privacy handbook and case studies
• Drone Rules PRO – privacy and data protection guidance for
drone professionals
– E-learning course with tailored modules
– PIA / DPIA template
– Privacy Code of Conduct
– Pre-flight checklist
– Privacy-by-designGuide
This presentation is funded by the European Union’s COSME Programme (2014-2020).
Drone
operators
Drone
manufac
-turers
Drone
pilots

8. Thank you for your attention
Anna Donovan
Anna.Donovan@trilateralresearch.com
www.DroneRules.eu
This presentation is funded by the European Union’s COSME Programme (2014-2020).