The Civil Aviation Ministry has vowed to keep up with the developments in the unmanned air systems or drones but unfortunately suffers from myopic vision. The projects are driven not for public welfare but to foster business or personal interests of a few.
Public participation
The concept of public participation is missing in the document. The proposed role of the general public is limited to availability of data on a need to know basis to report a UAS not complying regulations or breaching their privacy.
Privacy rules
India does not have explicit rules governing personal privacy. Personal data is protected through indirect safeguards developed by the courts under common law, principles of equity and the law of breach of confidence. In a landmark judgment delivered in August 2017 (Justice K.S Puttaswami & another Vs. Union of India), the Supreme Court of India has recognised the right to privacy as a fundamental right under Article 21 of the Constitution as a part of the right to “life” and “personal liberty”.
Fundamental rights are enforceable only against the state and instrumentalities of the state and the Supreme Court in the same judgment recognised that enforcing the right to privacy against private entities may require legislative intervention.
USA Drone Privacy Law
This bill amends the FAA Modernization and Reform Act of 2012 to direct the Department of Transportation (DOT) to establish procedures to ensure that the integration of unmanned aircraft (drone) systems into the national airspace system is done in compliance with privacy principles. Such procedures shall not apply to a drone system operated for news-gathering activities protected by the First Amendment to the Constitution.
DOT may not approve, issue, or award any certificate, license, or other grant of authority to operate a drone system in the national airspace system unless the pertinent application includes a data collection statement that provides reasonable assurance that the applicant will operate the drone in accordance with privacy principles. The same requirement shall apply to any drone system to be operated by a law enforcement agency, except that the application shall include a data minimization statement, instead of a data collection statement, that provides the same assurance.
Ecosystem
Privacy remains the critical component that will govern the use of UAS aka drones in India airspace, be it over populated areas or otherwise. There is a need to implement safety and privacy laws prior to giving in to the pressures from lobbies who have business interests first.
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