The Governance of Unmanned Aircraft Systems (UAS): Aviation Law, Human Rights, and the Free Movement of Data in the EU

Abstract

AbstractThe paper deals with the governance of Unmanned Aircraft Systems (UAS) in European law. Three different kinds of balance have been struck between multiple regulatory systems, in accordance with the sector of the governance of UAS which is taken into account. The first model regards the field of civil aviation law and its European Union (EU)’s regulation: the model looks like a traditional mix of top-down regulation and soft law. The second model concerns the EU general data protection law, the GDPR, which has set up a co-regulatory framework summed up with the principle of accountability also, but not only, in the field of drones. The third model of governance has been adopted by the EU through methods of legal experimentation and coordination mechanisms for UAS. The overall aim of the paper is to elucidate the ways in which such three models interact, insisting on differences and similarities with other technologies (e.g. self-driving cars), and further legal systems (e.g. the US).