The widespread use of unmanned aerial vehicles (UAVs), or drones, in European skies is likely within the decade if EU and US plans to create a lucrative new aerospace market come to pass.
The advanced technology used in drones, traditionally associated with military surveillance and targeting, has prompted concerns by privacy advocates, civil liberties groups and legislators about possible misuse and the expansion of the surveillance state.
Once limited to war zones and books, small unmanned aircraft with video capability are readily available and can be purchased in toy shops or over the internet.
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Growing market
European and US authorities are now hoping to profit from the creation of a larger commercial drone market which, by UK aerospace group Astrea’s estimate, could be worth over $60 billion per annum by 2020. Initiating plans for the use of drones for private and commercial use last February, the US Congress gave the Federal Aviation Administration (FAA) until September 2015 to open American civil airspace for their use.
A European Commission (EC) working paper published in September 2012 urges member states to develop an EU-wide plan to ensure drones are safely integrated into common aviation traffic by 2016. The paper, entitled Towards a European Strategy for the Development of Civil Applications of Remotely Piloted Aircraft Systems (RPAS), enthusiastically predicts that many more applications and uses will emerge once the technology is widely disseminated.
Unmanned aerial vehicles already make up the aerospace industry’s most dynamic growth sector with an estimated 400 drone applications already in development across the EU. The working paper predicts the new market will support substantial economic growth and generate thousands of highly skilled jobs.
A number of groups representing manufacturers, operators and regulatory authorities are already working closely together to bring about the proposed integration of unmanned aerial systems into civilian airspace.
The European Aviation Safety Agency (EASA) advises the EU on the drafting of aviation legislation and is in the process of introducing pan-European legislation to cover the operation of systems with a mass of 150kg or more.
National authorities will remain responsible for regulating smaller aircraft and in Ireland the Irish Aviation Authority (IAA) will be responsible for legislation governing use of systems less than 150kg.
Proponents cite many practical uses ranging from search and rescue to checking pipelines for leaks, fire-fighting, and monitoring fish stock levels.
In March 2011, a drone was used to survey the damaged Fukushima Daiichi nuclear power plant shortly after the plant suffered a partial meltdown.
However, it is the very appeal of the capabilities offered by this technology that has caused alarm in some quarters.
The technical sophistication and ability of such craft to stay airborne for lengthy periods of time combined with the ability to mount general surveillance of the population could be used to infringe on fundamental privacy rights, opponents say.
With drones the size of hummingbirds already available new capabilities are emerging all the time.
High-quality camera equipment capable of advanced thermal and infra-red imaging can see through walls and the technology exists for them to use facial recognition technology to track individuals based on their physical attributes.
Not only is video capture technology developing at lightning pace but the ability to keep drones airborne for longer is also improving. Lockheed Martin has developed a drone called the Stalker which can be powered from the ground by laser, allowing it in excess of 48 hours continuous flight.
Some have also predicted that they could be used to carry weaponised systems such as tasers or more lethal equipment.
Responsible use
The American Civil Liberties Union (ACLU) says protections must be put in place to ensure that drones are only used responsibly and consistently with democratic values. Warning that routine aerial surveillance “would profoundly change the character of public life in the United States”, the union has called on the US government to place restrictions on retention of and access to data collected by drones.
“The bottom line is: domestic drones are potentially extremely powerful surveillance tools, and that power – like all government power – needs to be subject to checks and balances,” Jay Stanley, senior policy analyst at the ACLU wrote recently.
While there is no specific guidance in relation to the use of drones in Ireland, the office of the Data Protection Commissioner (DPC) says that organisations which envisage using this technology must comply with the requirements of existing data protection legislation. The office, which recently took Facebook to task over its handling of user data, said that “in general” monitoring equipment could not be used on an ongoing basis to record images unless individuals explicitly consent to that type of processing of their data.
While the IAA insists that unmanned systems must meet at least the same safety and operational standards as manned aircraft in Ireland, it admits it has no jurisdiction over privacy issues often associated with drones.
Dr Ben Hayes of UK-based civil liberties organisation Statewatch is critical of the EC’s approach.
The Commission is being “somewhat duplicitous” in its approach to the issue of privacy, he says. Instead of focusing on the citizen’s right to privacy, as outlined in the European Convention on Human Rights, the focus instead is on data protection.
“Anyone collecting, processing or storing personal information is bound by EU data protection laws, which are currently being revised and may even be strengthened. Surveillance by drones is therefore legal and permissible in just the same way as, for example, a CCTV camera or a police helicopter as long as data is processed in accordance with EU data protection law.
“What this approach does, quite deliberately, is ignore the fundamental principle of the right to privacy (as distinct from the right to data protection).
“By focusing solely on data protection and ignoring Article 8, the Commission is expressly seeking to avoid exactly the debates that Europe should be having about proportionality and democracy,” Dr Hayes said.
Civil liberties
Concerns about how the technology is used have not been restricted to privacy or civil liberties advocates. The need to legislate against misuse of the technology was alluded to by the public policy arm of the US Congress. In a report published last month the Congressional Research Service (CRS) predicts that the increased use of drones could lead to new crimes such as “drone stalking” or “drone trespassing”.
Texas Republican representative Lance Gooden and Democrat John Whitmire recently announced details of a jointly-sponsored bill that would criminalise the use of drones to take video or photographs of private property where the permission of the owner or occupant has not been given.
The bill, if enacted, would also outlaw the possession, display or distribution of images or video captured by an illegally operated drone. It would also require law enforcement officials to have a search or arrest warrant or only use drones if they are in pursuit of a suspect.
Last week, the mayor of Seattle ordered an end to his police department’s plan to use Draganflyer drones with face-recognition capability following protests by residents, privacy groups and the ACLU.
While legislators and NGOs play catch-up with the challenges posed by these technological advances, drones have already been used by European police forces to carry out surveillance and to help apprehend suspects.
Staffordshire police used an UAV in 2007 to watch crowds at the V music festival and Merseyside police used a drone to apprehend a suspect. They have also been used in Holland and Germany. The Garda has not yet used the technology here and has no “immediate” plans to do so.
Applications for drone licences are steadily increasing. The IAA has awarded eight licences to operators of unmanned aircraft to-date but is not obliged to identify the licencees. Conversely, the IAA’s American opposite, the FAA, made a list of applicants available through a freedom of information request. Of the 81 applications submitted in 2012, the majority were by law enforcement agencies and universities.
As Europe moves to remove existing barriers to civil drones it is clear that many legal questions surrounding the use of this technology remain unanswered.
Who will regulate to protect the right to privacy? At what point does the overhead flight of a drone pose a threat to safety and/or privacy? What constitutes a trespass and how should drone use be monitored? How should the law be applied to crimes committed with the use of drones?
One unintended offshoot of the drone industry was recently in the headlines when New York artist Adam Harvey designed a line of so-called “Stealth Clothing”. The garments, created with metal-based material designed to counter thermal imaging, include an “anti-drone hoodie”.
High flyers: Drones on the market
AeroVironment Nano Hummingbird
Also known as a Nano Air Vehicle, this is a small two-winged aircraft built to resemble and fly like a hummingbird. It is equipped with a small video camera and is capable of climbing and descending vertically, flying sideways left and right, flying forward and backward, as well as rotating clockwise and counter-clockwise. It can fly outdoors, enter buildings, and weighs less than an AA battery.
RQ-16 T-hawk
Used by Miami-Dade police dept, the Honeywell website describes the T-Hawk as easy to assemble.
This drone was used to survey the Fukushima Daiichi nuclear power plant after the plant suffered a partial meltdown.
The vehicle can be airborne within 10 minutes and is simple to fly with minimal training.
This model boasts “hover and stare” capability and supports advanced reconnaissance with real time video documentation.
In Ireland, €300 will buy a 380g drone controlled by smartphone and has the capability to stream live video straight to the operator’s handset and to the web.
AR100B
Used by UK police and described as “the perfect device for any covert or overt aerial surveillance mission” the AR100B carries thermal imaging, night vision, colour video, high quality still image and powerful zoom function cameras.
The AR100B can fly silently through the air or hover while transmitting live images to the operator. The silent operation and size of the platform allows aerial surveillance in built up residential urban areas as well as rural locations.
The unit can also “perch and stare” from a solid platform allowing the operator to capture hours of footage from an out of view vantage point.
Draganflyer X6 Helicopter Tech drone
Until recently used by the Seattle police dept, it costs upwards of $41,000. A 3.5lb Draganflyer X6 Helicopter is operated with a handheld controller and two joysticks.
It is designed to carry wireless infrared video cameras and still cameras.
Drones in Ireland: Rules and regulations
The Irish Aviation Authority is responsible for regulating the civilian use of drones under 150kg
Model aircraft for recreational purposes only, are not subject to IAA oversight
Licence is required for unmanned systems used for commercial purposes
Eight licences have been awarded to operators of unmanned aircraft by the IAA
The IAA is not responsible for the oversight of drones used by State agencies
Unmanned aircraft must meet the same safety standards as manned aircraft
They can only be operated in dedicated “segregated” airspace
It is legal to fly your own drone without any special permission if it weighs less than 20kg and is not flying more than 500m from point of operation
The aircraft shall not be operated beyond visual line of sight
The drone shall not be operated at more than 120 meters above ground level
Drones: What are they for?
Aerial surveillance
Search and rescue
Aerial photography
Aerial survey (geological and ordinance survey)
Electrical power line and gas pipeline monitoring
Carriage of external loads and flight training
