The new European Union (EU) General Data Protection Regulation (GDPR) came into effect on May 25, 2018. This regulation, which is directly applicable across the EU Member States, applies to the collection, hosting, storage, use and other “processing” of personal data. The GDPR applies directly not just to companies in the EU, but also those outside of the EU to the extent that they offer goods or services (irrespective of whether a payment is required) to individuals in the EU or engage in monitoring the behavior of individuals located in the EU. The penalties for violating the GDPR are quite high, going up to 4% of the total worldwide annual turnover for the enterprise in the prior year or €20 million, whichever is greater. Operators, users, and manufacturers of unmanned aircraft systems (also known as “UAS” or “drones”) should be aware of the new EU requirements if they have operations or…
The Unmanned Aircraft Systems (“UAS”) Identification and Tracking Aviation Rulemaking Committee (“ARC”) released its recommendations to the Federal Aviation Administration (“FAA”). Despite a lack of consensus on issues, the recommendations should help the FAA develop new rules for drone identification and tracking. Although the FAA was scheduled to publish an Advanced Notice of Proposed Rulemaking on identification (“ID”) and tracking requirements in May 2018, the proposed rules remain under review by the Department of Transportation and have missed a February 2018 deadline for the Office of Management and Budget to start its review. It is unclear when the rulemaking will progress.
Launched in June 2017 to address concerns over “rogue” drones flying in the National Airspace System (“NAS”), the FAA tasked the ARC with providing recommendations regarding UAS remote identification and tracking technologies. Comprised of three Working Groups; Existing and Emerging Technologies, Law Enforcement and Security, and Implementation, its membership represented a broad range of aviation and UAS industry stakeholders. The ARC met several times to educate the public, gather information, and to discuss and deliberate among members and finalized its report in September 2017.
Last month marked the first meeting of the FAA’s Unmanned Aircraft Systems (“UAS” or drones) Identification and Tracking Aviation Rulemaking Committee (“ARC”). The ARC brought together key stakeholders to discuss regulatory issues relating to UAS ID and tracking, air traffic management for drones, and local enforcement concerns. Drone identification and tracking systems could help the FAA and the UAS industry pave the way for more flexible rules, including UAS operations over people and beyond visual line-of-sight.