“The Commission has not received any indication that the EU drone regulatory framework that has entered into force on 31 December 2020 does not adequately ensure data protection and safeguard privacy and civil rights. Under Article 15 of Commission Implementing Regulation (EU) 2019/947, Member States can define geographical zones where drone flights may be restricted by competent authorities to protect the security or privacy of people. Furthermore, a regulatory framework for the U-space, which will be applicable as from 26 January 2023 will complement these provisions by covering many drone operations.”
Adina Vălean, European Commissioner for Transport gave this written answer in the European Parliament to a question on whether, as the use of drones has expanded rapidly and uncontrollably, the Commission might consider increasing the safeguarding of privacy and civil rights.
“Points 4 of Annex IX of the European Union Aviation Safety Agency (EASA) Basic Regulation provides the essential requirements for registration of drones and drone operators,” she wrote. “ Article 74 of this Regulation requires EASA to establish and manage a repository of information, which is aimed at exchanging registration information among the competent authorities through a digital platform. In accordance with this Regulation, such information is therefore not directly available to citizens.
“Commission Delegated Regulation (EU) 2019/945(5) imposes that during the flight, drones broadcast automatically, the operator’s registration number, the positions of the pilot and take-off point, enabling any person potentially affected by the operation of the drone, to access and record these data through a mobile device. Citizen considering that their rights have been breached can report to the law enforcement authorities. In any case, where drone operators qualify as a controller under the General Data Protection Regulation, they also have to comply with their obligations under that text.
“Commission Delegated Regulation (EU) 2019/945(5) imposes that during the flight, drones broadcast automatically, the operator’s registration number, the positions of the pilot and take-off point, enabling any person potentially affected by the operation of the drone, to access and record these data through a mobile device. Citizen considering that their rights have been breached can report to the law enforcement authorities. In any case, where drone operators qualify as a controller under the General Data Protection Regulation, they also have to comply with their obligations under that text.”
