Law Library Stacks

Back to Regulation of Drones

Summary

Currently, the European Union (EU) does not regulate the civilian use of remotely piloted aircraft (RPA) with a mass of 150 kg or less.  Such aircraft are governed by national rules adopted by the EU Member States.  RPA above the threshold of 150 kg fall within the mandate of the European Aviation Safety Agency (EASA).  Since 2014, the European Commission has been engaged in promoting the integration of remotely piloted aircraft systems (RPAS) into the European civil aviation airspace beginning in 2016.  Following the EASA’s Technical Opinion adopted in 2015 that recommended a risk-based regulatory approach to govern the operation of drones, the Commission introduced a proposal to replace the current regulation governing drones.  The proposal is designed to integrate all drones, regardless of their size, into the EU aviation safety framework.  A key objective of the proposal is to ensure that the design, production, maintenance, and operation of unmanned aircraft complies with the essential requirements of manned aircraft.  The European Parliament and other EU bodies strictly regulate the processing of personal data and the right to private life.  Operators of drones will be subject to tougher standards and requirements contained in the Data Protection Regulation, adopted by the European Parliament in April 2016, which will take effect in the summer of 2016.  Once the proposal on drones is approved by the Parliament and the Council of the EU, it will contribute towards the integration of drones into the European aviation airspace and provide the Commission with the legal authority to adopt delegated acts in compliance with the EASA’s standards.   

I.  Introduction

At the European Union (EU) level, no uniform terminology is used to denote what is commonly known as drones. The European Parliament uses the term “civil drones” to differentiate civilian drones from those intended for military purposes.[1]  The European Commission uses the term “remotely piloted aircraft systems” (RPAS).[2]  The European Aviation Safety Agency (EASA), an EU body established in 2002[3] with the mandate to issue implementing rules and approve airworthiness standards, defines drones as “unmanned aircraft . . . which includes any aircraft operated or designed to be operated without a pilot on board.”[4]  This term also includes machines that are normally not perceived by the general public as aircraft, such as flying toys, small tethered balloons, or kites.[5]  The EASA uses the term “drones” in all its communications to the general public.[6]  The EASA’s definition of a drone is in line with the definition of “unmanned aerial vehicle” (UAV) provided by the International Civil Aviation Organization (ICAO), which is in charge of implementing the 1944 Chicago Convention on International Civil Aviation.[7]  The ICAO defines a UAV as “a pilotless aircraft, in the sense of Article 8 of the Convention on International Civil Aviation, which is flown without a pilot-in-command on-board and is either remotely and fully controlled from another place (ground, another aircraft, space) or programmed and fully autonomous.” [8]  UAVs are further divided into two categories: (1) those that are remotely piloted by a human and hence are designated as RPAS; and (2) those that are “autonomous,” meaning those that are controlled by a computer without pilot intervention after take-off.  This second category is outside the scope of the EU’s regulation.[9]

The EU does not regulate drones whose mass is 150 kg or less, because the current governing regulation, Regulation 216/2008 on Common Rules in the Field of Civil Aviation, only covers aircraft whose mass is above that size.[10]  Such large drones fall within the competence of the EASA.  Drones whose mass is less than 150 km may be regulated at the Member State level.  Indeed, several Member States, including Austria, the Czech Republic, Denmark, Germany, France, Italy, Poland, Spain, Sweden, and the United Kingdom, have already adopted national rules.[11]  Because of differing national rules on criteria and conditions for the operation of drones and related safety issues, operators must apply for a separate authorization in each EU Member State.  In the Commission’s view, the current fragmented regulatory framework inhibits the further proliferation of drones and overall growth of the EU market in drones.[12]

The Riga Declaration on Remotely Piloted Aircraft, “Framing the Future of Aviation,”[13] which was adopted on March 6, 2015, by Commission representatives, civil aviation officials, data protection national authorities, and representatives from the manufacturing industry, recognized the following key guiding principles to be taken under consideration in the future regulation of drones:

  • Drones must be dealt with as a new type of aircraft and any safety rules imposed must be proportional to the risk of each operation.

  • There is a critical need for the EU to establish safety rules immediately and also to lay down technologies and standards for the integration of drones within civil aviation.

  • The protection of privacy of individuals will lead to greater public acceptance.

  • The operator of a drone bears responsibility for its use.[14]

In connection with the last principle, the Declaration raised the issue of insurance, third-party liability, and compensation schemes for victims, all of which fall within the domain of the individual EU Members.[15]


Back to Top

II.  European Aviation Safety Agency

The EASA provides opinions and formulates technical rules relating to the construction, design, and operational aspects of aircraft, and is also responsible for assisting the Commission by providing technical, administrative, and scientific support.[16]  

In May 2015, the EASA adopted a document titled Concept of Operations for Drones: A Risk Based Approach to Regulation of Unmanned Aircraft,[17] which urged regulation of the operation of drones in a manner proportionate to the risk of the specific operation, and also proposed to establish three categories of drone operations—Open, Specific, and Certified—with associated regulatory regimes.[18]  To mitigate privacy concerns, the EASA suggested the installation of chips/SIM cards in drones.[19]  Other suggestions included the self-registration of drone operations in a Web-based application maintained by the local authorities.[20]

At the request of the Commission, the EASA on December 18, 2015, issued a Technical Opinion on Introduction of a Regulatory Framework for the Operation of Unmanned Aircraft.[21]  The Opinion contains twenty-seven specific proposals for a regulatory framework and for low-risk operations of all unmanned aircraft irrespective of their size.  The Technical Opinion divides drones into three categories depending on risk:

  • Open (low risk): Safety is ensured through compliance with operational limitations, mass limitations as a proxy of energy, product safety requirements, and a minimum set of operational rules.

  • Specific (medium risk): Authorization is given by a national aviation authority (NAA), possibly assisted by a qualified entity (QE), following a risk assessment performed by the operator.  A manual of operations lists the risk mitigation measures.

  • Certified (higher risk): The requirements applicable to this category are comparable to those for manned aviation.  Oversight is provided by the NAA (issue of licenses and approval of maintenance, operations, training, Air Traffic Management/Air Navigation Services (ATM/ANS), and airfield organizations) and EASA (design and approval of foreign organizations).[22]


Back to Top

III.  Position of EU Institutions

The Commission has been supporting the development of the drones industry since the early 1990s.  Its long-term objective is to establish a strong European aviation market in drones.  According to a report by the European Parliament’s Committee on Transport and Tourism, the EU holds a leading edge in the civilian sector, with 2,500 operators (400 in the UK, 300 in Germany, 1,500 in France, 250 in Sweden, etc.) compared to 2,342 operators in the rest of the world.[23]  It is estimated that within the next ten years the drone industry could be worth 10% of the aviation market, or €15 billion (about US$16.89 billion) per year.[24]  The Aerospace and Defense Industries Association of Europe forecast that about 150,000 drone-related jobs will be created in Europe by 2050, excluding employment generated through operator services.[25]

The Commission, in its 2014 Communication, Opening the Aviation Market to the Civil Use of Remotely Piloted Aircraft Systems in a Safe and Sustainable Manner, explained its strategy to establish an EU aviation market in drones gradually and emphasized that such a market can only be fully developed if standards are adopted at the EU level and if the aircraft can fly in nonsegregated airspace without affecting the safety and the operation of the wider civil aviation system.[26]  The Communication addressed the issues of third-party liability and insurance.  In addition, it identified privacy, data protection, and security as critical aspects that must be safeguarded in order to ensure public acceptance and further development of a European market on drones.  Furthermore, it announced the EU’s intentions to support European drone industries.[27]  The Commission’s latest Communication on an Aviation Strategy for Europe,[28] adopted in 2015, reemphasized the economic significance of drones, especially for small and medium-sized companies in the aeronautical manufacturing industry, while at the same time stressing the need to establish a risk-based legal approach and address privacy, safety, security, and liability concerns.[29]

The Council of the EU, and specifically the transport, telecommunications, and energy ministers in charge of the aviation market, advocate a harmonized EU approach to civil drone use while emphasizing the need to take into consideration the experience gained in this field by the Member States, according to their comments at a public hearing.  Most of the ministers opined that the EASA was the entity best suited to develop technical and safety standards, licenses, and certificates, and agreed on the gradual and progressive integration of drones into civil aviation.[30]

In September 2015, the European Parliament’s Transport and Tourism Committee adopted, on its own initiative, the Report on Safe Use of Remotely Piloted Aircraft Systems (RPAS), Commonly Known as Unmanned Aerial Vehicles (UAVs), in the Field of Civil Aviation.[31]  In the Report, the Committee endorsed the key principles agreed to in the Riga Declaration and the Commission’s intention to remove the 150-kg threshold and replace it with a comprehensive EU regulatory framework.  The Committee also approved the EASA’s new competence to regulate drones and urged the EASA to budget funds for drone-related activities.[32]

Back to Top


 

IV.  Proposed Regulation

In December 2015, the Commission introduced a proposal to adopt EU rules on drones and to repeal Regulation 216/2008.[33]  The main objective of the proposed Regulation is to establish and maintain the same civil aviation safety standards for manned and unmanned aviation throughout the EU, and at the same time to ensure a high and uniform level of environmental protection.[34]  It also seeks to expand the EASA’s competence to include RPAS with a mass below 150 kg.  The proposed Regulation would apply, inter alia, to

the design, production, maintenance and operation of unmanned aircraft, their engines, propellers, parts and non-installed equipment, as well as the equipment to control unmanned aircraft remotely, where such aircraft are operated within the Single European Sky airspace by an operator established or residing within the territory to which the Treaties apply.[35]


A. Requirements for Unmanned Aircraft

Pursuant to article 45 of the proposed Regulation, the design, production, maintenance, and operation of unmanned aircraft and their engines, propellers, parts, noninstalled equipment, and equipment to control them remotely would need to comply with the essential requirements set out in Annex IX.[36]

B. Compliance of Unmanned Aircraft

The Commission would be given the authority to adopt delegated acts concerning the specifications for the design, production, maintenance, and operation of unmanned aircraft.  Drones would be subject to certifications and declarations that they comply with such specifications.[37]  A drone’s certificate would specify its safety-related limitations, operating conditions, and privileges.[38]

C.  Market Surveillance Mechanisms

Mass-produced unmanned aircraft that pose a very low risk would be subject to the existing market surveillance mechanisms provided in Regulation 765/2008[39] and Decision No. 768/2008.[40]  The national aviation authorities would remain indirectly involved, as the operational capability limitations that would be imposed (e.g., that the unmanned aircraft should not fly higher than, for instance, 50 meters to minimize risks) would have to stem directly from traditional aviation requirements.  The market surveillance mechanism would rely on justified complaints filed from citizens or undertakings to detect noncompliant products.  Findings of noncompliance in one particular Member State would then be communicated throughout the single EU market.  The EASA, which would assume additional responsibilities, would not be responsible for the oversight of the market surveillance mechanisms.  The Commission, in exercising its authority as the EU body in charge of implementation, would be authorized to verify if the Member States were fulfilling their responsibilities.[41]

D.  Delegated Acts

The proposed Regulation does not set forth specifications for the design, production, maintenance, and operation of unmanned aircraft.  Such specifications would be promulgated by the Commission in delegated acts, pursuant to article 47 of the proposed Regulation.  When the Commission adopts such acts, it would be required to immediately notify the Parliament and the Council simultaneously.[42]  This authority would be granted to the Commission for an indefinite period of time and would enter into force only if no objection was expressed by the European Parliament or the Council within two months after they received notification of that act or if, before the expiration of that period, the European Parliament and the Council had both informed the Commission that they did not object.[43]  Until the delegated acts are adopted, the relevant provisions of Regulation (EC) 216/2008 would continue to apply.[44]

In delegated acts the Commission would determine the

  • conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates for the design, production, maintenance, and operation of unmanned aircraft;

  • conditions for situations in which, with a view to achieving the objectives of the Regulation and while taking account the nature and risk of the particular activity concerned, such certificates must be required or declarations must be permitted;

  • conditions and procedures under which an operator of an unmanned aircraft must rely on the certificates or declarations issued in accordance with airworthiness and environmental standards, and other essential requirements;

  • conditions under which the requirements concerning the design, production, and maintenance of unmanned aircraft and their engines, propellers, parts, noninstalled equipment, and equipment to control them remotely shall not need to meet certain other specifications in the Regulation;

  • marking and identification of unmanned aircraft; and

  • conditions under which operations of unmanned aircraft must be prohibited, limited, or subject to certain conditions in the interest of safety.[45]

Back to Top

V.  Third–Party Liability Issues

Currently, all insurance obligations for aircraft operations are governed by Regulation 785/2004, which requires all commercial operators of aircraft to purchase third-party liability insurance.  Regulation 785/2004 contains limits for the minimum amount of third-party liability insurance based on the mass of aircraft during take-off.  For drones that weigh less than 500 kg, the minimum cover required is €660,000 (about US$743,688).  Drones that weigh less than 20 kg are not subject to  insurance requirements.[46]

Back to Top

VI.  Privacy Issues

The EU and its Member States have adopted strict privacy and personal data rules, contained in the 1995 Data Protection Directive[47] and based on articles 7 and 8 of the binding 2009 Charter of Fundamental Rights of the European Union,[48] and on article 16 of the Treaty on the Functioning of the European Union.[49]  EU Members are also bound by article 8 of the Council of Europe Convention on Human Rights.[50]  In addition, Members have their own constitutional and statutory rules on privacy, and domestic legislation implementing EU legislation.  

Commercial users of drones appear to fall under the EU legislation on personal data protection.  Thus, commercial operators of drones have to comply with the applicable data protection principles, such as those concerning purpose limitations, data minimization, and proportionality, as well as the transparency principle, which requires individuals to be informed of any processing carried out during the operation of a drone.  On the other hand, private users of drones for hobby and leisure purposes may be exempt from the scope of the Data Protection Directive based on the household exemption.[51]  Other exemptions contained in the Directive concern processing for journalistic purposes and for law enforcement purposes.[52]  Possible criminal uses of civil drones would fall within the competence of EU Member States, since they are allowed to not apply the data protection rules on grounds of public safety, public security, and public order.

A study commissioned by the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament addressed the privacy implications of the civil use of drones because of potential infringements on personal data protection.  The study noted that drones normally carry video cameras to enable pilots to fly them or have other technological installations to record and store data that can eventually be uploaded on the Internet.[53]  Consequently, the private life and property of individuals may be interfered with and violated when drones capture images of people in their houses or gardens.  Also, surveillance equipment installed on drones would make possible the gathering and processing of personal data and thus interfere with and potentially violate the right to privacy and data protection of individuals.[54]  The study urged that future regulation of the manufacturing and trade of drones, including the production, selling, buying, internal and international trade, and notice for buyers on risks and hazards, be designed in a manner to minimize any risks to citizens and their rights.[55]

In his opinion on the Commission’s Communication A New Era for Aviation,[56]the European Data Protection Supervisor clarified that RPAS, being aircraft systems, do not on their own process personal data, but once they are equipped with other technologies may give rise to very diverse commercial, professional, law enforcement, intelligence, and private uses.  The Data Protection Supervisor reached the following conclusions with regard to the use of drones that involve the processing of personal data:

  • Such use in most cases constitutes an interference with the right to the respect for private and family life guaranteed by article 8 of the Council of Europe Convention on Human Rights and article 7 of the Charter of Fundamental Rights of the European Union, “as they challenge the right to intimacy and privacy guaranteed to all individuals in the EU and can therefore be allowed only under specific conditions and safeguards.”[57]

  • When used by individuals for private activities, drones will normally be subject to Directive 95/46/EC requirements and only on rare instances will come within the scope of the household exemption.[58]

  • The processing of personal data by drone operators for commercial or professional purposes must comply with national legislation implementing Directive 95/46/EC.[59]

  • The mere publication of data on the Internet or in a newspaper without any aim to disclose to the public information, opinions, or ideas is not sufficient for it to fall under the journalism exception of article 9 of Directive 95/46/EC.[60]

  • Law enforcement uses of drones must comply with the right to privacy and be based on law, serve a legitimate goal, be necessary in a democratic society, and be proportionate to the purpose pursued.[61]

  • The use of drones for intelligence purposes must respect the principles of necessity and proportionality.[62]

The Data Protection Regulation adopted by the European Parliament on April 14, 2016,[63] which will take effect in the summer of 2016, will repeal Directive 95/46/EC and require any commercial operation that processes personal data to perform a Privacy Impact Assessment Study.[64]  Moreover, the requirements of “privacy by design” and “privacy by default” will become mandatory.[65]  Under the privacy-by-design requirement, the controller will be required to implement appropriate technical and organizational measures to ensure that data processing complies with the proposal.  Privacy by default means that, based on certain mechanisms used, only those personal data will be processed that were necessary for each specific purpose of the processing and such data will not be collected or retained beyond the minimum period necessary.  In particular, those mechanisms will be required to ensure that, by default, personal data are not made accessible to an indefinite number of individuals.[66]

In addition, in its Opinion 01/2015 on Privacy and Data Protection Issues Relating to the Utilization of Drones, which was adopted in 2015, the article 29 Data Protection Working Party established by Directive 95/46/EC issued specific recommendations to policy makers; sector regulators, manufacturers, and operators; and police and other law enforcement authorities.  To policy makers and sector regulators the Working Party recommended that a legal requirement be introduced at the European and/or national level to only market small drones in a package containing sufficient information (for example, within the operating instructions) relating to the potential intrusiveness of these technologies on the privacy and personal data of individuals.[67]  To manufacturers and operators, the Working Party recommended that they embed privacy-friendly design choices and privacy defaults as part of a privacy-by-design approach.[68]  With regard to the use of personal data for law enforcement authorities, the Working Party urged compliance with the necessity, proportionality, purpose limitation, data minimization, and privacy-by-design principles, and with a strict and justified retention period.  It also added that the use of drones for intelligence and law enforcement purposes must be subject to judicial review, in accordance with national law.[69] 

Back to Top

Prepared by Theresa Papademetriou
Senior Foreign Law Specialist
April 2016


[1] European Parliament Briefing PE 571.305, Civil Drones in the European Union (Oct. 2015), http://www.europarl. europa.eu/RegData/etudes/BRIE/2015/571305/EPRS_BRI%282015%29571305_EN.pdf, archived at https://perma. cc/4UG8-4336.

[2] European Commission, Communication from the Commission to the European Parliament and the Council, A New Era for Aviation: Opening the Aviation Market to the Civil Use of Remotely Piloted Aircraft Systems in a Safe and Sustainable Manner, COM (2014) 207 final (Apr. 8, 2014), http://eur-lex.europa.eu/legal-content/EN/TXT/?uri= CELEX%3A52014DC0207, archived at https://perma.cc/WC2E-9YT2.

[3] The Agency: Facts and Figures, EASA, https://www.easa.europa.eu/the-agency/the-agency (last visited Apr. 13, 2016), archived at https://perma.cc/XJT4-DZTU.

[4] EASA, Technical Opinion: Introduction of a Regulatory Framework for the Operation of Unmanned Aircraft, at 4, RMT.0230 (Dec. 18, 2015), http://www.easa.europa.eu/system/files/dfu/Introduction%20of%20a%20regulatory%20 framework%20for%20the%20operation%20of%20unmanned%20aircraft.pdf, archived at https://perma.cc/JW2X-ZREK.

[5] Id. at 5.

[6] Id.

[7] Convention on International Civil Aviation, Dec. 7, 1944, 15 U.N.T.S. 102, https://treaties.un.org/doc/Publication/ UNTS/Volume%2015/volume-15-II-102-English.pdf, archived at https://perma.cc/L7KU-HBTQ.

[8] International Civil Aviation Organization (ICAO), Unmanned Aircraft Systems (UAS) para. 2.1, Cir 328/AN/190 (2011), http://www.icao.int/Meetings/UAS/Documents/Circular%20328_en.pdf, archived at https://perma.cc/56AY-FFPZ.

[9] European Parliament Briefing, supra note 1, at 3.

[10] Regulation (EC) Regulation No. 216/2008 of the European Parliament and of the Council of 20 February 2008 on Common Rules in the Field of Civil Aviation and Establishing a European Aviation Safety Agency, and Repealing Council Directive 91/670/EEC, Regulation (EC) No. 1592/2002 and Directive 2004/36/EC, Annex II(f), 2008 O.J. (L 79) 1, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:079:0001:0049:EN:PDF, archived at https://perma.cc/563R-DGH7.

[11] European Parliament Briefing, supra note 1, at 5.  See also European Parliament, Committee on Transport and Tourism, Report on Safe Use of Remotely Piloted Aircraft Systems (RPAS), Commonly Known as Unmanned Aerial Vehicles (UAVs), in the Field of Civil Aviation, A8-0261/2015 (Sept. 25, 2015), http://www.europarl.europa.eu/ sides/getDoc.do?type=REPORT&reference=A8-2015-0261&format=XML&language=EN, archived at https://perma.cc/HZS7-YBSU.

[12] European Commission, COM (2014) 207 final, supra note 2, para. 3.

[13] Riga Declaration on Remotely Piloted Aircraft (Drones), “Framing the Future of Aviation,” Mar. 6, 2015, http://ec.europa.eu/transport/modes/air/news/doc/2015-03-06-drones/2015-03-06-riga-declaration-drones.pdf, archived at https://perma.cc/8XRT-9L6H.

[14] Id. at 5.

[15] Id.

[16] The Agency: Facts and Figures, EASA, supra note 3.

[17] EASA, Concept of Operations for Drones: A Risk Based Approach to Regulation of Unmanned Aircraft (May 2015), https://www.easa.europa.eu/system/files/dfu/204696_EASA_concept_drone_brochure_ web.pdf, archived at https://perma.cc/NJM6-7W6H.

[18] Id. at 3.

[19] Id. at 8.

[20] Id.

[21] EASA, Technical Opinion, supra note 4.

[22] Id. Exec. Summary.

[23] European Parliament, Committee on Transport and Tourism, supra note 11, paras. 1 & 2.

[24] European Commission Press Release IP/14/384, European Commission Calls for Tough Standards to Regulate Civil Drones (Apr. 8, 2014), http://europa.eu/rapid/press-release_IP-14-384_en.htm, archived at https://perma.cc/ LLF9-YR4L.

[25] European Commission, COM (2014) 207 final, supra note 2, § 2.

[26] Id. § 3.

[27] Id.

[28] European Commission, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, An Aviation Strategy for Europe, COM (2015) 598 final (Dec. 7, 2015), http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2015:598:FIN, archived at https://perma.cc/2PDX-XEP4.

[29] Id. § 2.6.

[30] Council of the European Union Press Release 13851/14, Transport, Telecommunications and Energy, Civil Use of Remotely Piloted Aircraft Systems (Drones) (Oct. 8, 2014), http://www.consilium.europa.eu/uedocs/cms_data/docs/ pressdata/en/trans/145012.pdf, archived at https://perma.cc/8395-ZCRM.

[31] European Parliament, Committee on Transport and Tourism, supra note 11.

[32] Id. paras. 21 & 22.

[33] European Commission, Proposal for a Regulation of the European Parliament and of the Council on Common Rules in the Field of Civil Aviation and Establishing a European Union Aviation Safety Agency, and Repealing Regulation (EC) No. 216/2008 of the European Parliament and of the Council (Commission Proposal), COM (2015) 613 final (Dec. 17, 2015), http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A52015PC0613, archived at https://perma.cc/8YBW-VFNJ.

[34] Id. art. 1.

[35] Id. art. 2, para. 1(h).

[36] Id. art. 45.

[37] Id. arts. 46 & 47.

[38] Id. art. 46, para. 1.

[39] Regulation (EC) No. 765/2008 of the European Parliament and Council of 9 July 2008 Setting Out the Requirement for Accreditation and Market Surveillance Relating to the Marketing of Products and Repealing Regulation (EEC) No. 339/93, 2008 O.J. (L 218) 30, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L: 2008:218:0030:0047:en:PDF, archived at https://perma.cc/4RYJ-FLSA.

[40] Decision No. 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a Common Framework for the Marketing of Products, and Repealing Council Decision 93/465/EEC, 2008, O.J. (L 218) 82, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32008D0768, archived athttps://perma.cc/PH37-UGVR.

[41] Commission Proposal, COM (2015) 613 final, supra note 33, Detailed Explanation on the Specific Provisions of the Proposal, arts. 45–50.

[42] Id. art. 117, para. 7.

[43] Id. art. 117, para. 5.

[44] Id. art. 126, para. 6.

[45] Id. art. 47(a)–(e).

[46] Regulation (EC) No. 785/2004 of the European Parliament and of the Council of 21 April 2004 on Insurance Requirements for Air Carriers and Aircraft Operators, 2004 O.J. (L 138) 1, http://eur-lex.europa.eu/legal-content/ EN/TXT/PDF/?uri=CELEX:32004R0785&from=EN, archived at https://perma.cc/RL7Y-GS3Z.

[47] Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, 1995 O.J. (L 281) 31, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.1995.281.01.0031.01.ENG, archived at https://perma.cc/8HKR-4D2Q.

[48] Charter of Fundamental Rights of the European Union, 2012 O.J. (C 326) 391, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT, archived at https://perma.cc/ZE2V-ZCSY.

[49] Consolidated Version on the Treaty on the Functioning of the European Union, Jan. 30, 2015, 6655/8/08 REV 8, at 62, http://data.consilium.europa.eu/doc/document/ST-6655-2008-REV-8/en/pdf, archived at https://perma.cc/ 8T7T-PCFV.

[50] Convention for the Protection on Human Rights and Fundamental Rights art. 8, Nov. 4, 1950, E.T.S. No. 005, http://www.echr.coe.int/Documents/Convention_ENG.pdf, archived at https://perma.cc/67SA-28PQ.

[51] European Parliament, Directorate General for Internal Policies, Citizens Rights and Constitutional Affairs, Privacy and Data Protection Implications from the Civil Use of Drones, at 8, PE 519.221 (June 2015), http://www. europarl.europa.eu/RegData/etudes/IDAN/2015/519221/IPOL_IDA%282015%29519221_EN.pdf, archived at https://perma.cc/JM4N-GCNG.

[52] Directive 95/46/EC, supra note 47, art. 9 & art. 13, para. 1.

[53] European Parliament Briefing, supra note 1, at 2; see also European Parliament, supra note 51, at 9.

[54] European Parliament, supra note 51, at 9.

[55] Id.

[56] Opinion of the European Data Protection Supervisor, On the Communication from the Commission to the European Parliament and the Council on “A New Era for Aviation – Opening the Aviation Market to the Civil Use of Remotely Piloted Aircraft Systems in a Safe and Sustainable Manner” (Nov. 26, 2014), https://secure.edps.europa. eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2014/14-11-26_Opinion_RPAS_EN. pdf, archived at https://perma.cc/X72A-3GYX.

[57] Id. para. 67.

[58] Id. para. 68.

[59] Id. para. 69.

[60] Id. para. 70.

[61] Id. para. 71.

[62] Id. para. 72.

[63] Nikolaj Nielsen, EU Parliament Passes Grand Data Protection Law, EU Observer (Apr. 14, 2016), https://eu observer.com/justice/133060, archived at https://perma.cc/FED6-5DH8.

[64] Proposal for a Regulation of the European Parliament and of the Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation) art. 33, COM (2012) 11 final (Jan. 25, 2012), http://eur-lex.europa.eu/legal-content/en/ALL/?uri= CELEX:52012PC0011, archived at https://perma.cc/6HM2-Z35C.

[65] Id. art. 23.

[66] Id.

[67] Article 29 Data Protection Working Party, Opinion 01/2015 on Privacy and Data Protection Issues Relating to the Utilization of Drones § 5.2, 01673/15EN WP 231 (June 16, 2015), http://ec.europa.eu/justice/data-protection/ article-29/documentation/opinion-recommendation/files/2015/wp231_en.pdf, archived at https://perma.cc/ZAF7-YJSC.

[68] Id. § 5.3.

[69] Id. § 5.4.

Back to Top

Last Updated: 07/22/2016