The law of drones. Unmanned aircraft in European Union law - ebook
The law of drones. Unmanned aircraft in European Union law - ebook
The first complete
overview of drone regulations in the European Union provides
legal commentaries to regulations on unmanned aircraft systems.
It aims to answer many questions that arise when applying the new
European regulations, to give tips and clues for different
recipients (pilots, operators, employers, state aviation
authorities) and to explain issues that may be unclear for
lawyers but also people not used to working on acts of law.
The book contains detailed descriptions of how to meet the
obligations of personal data protection in the case of data
processing by means of drones and how to demonstrate the
fulfilment of these obligations.
This book is addressed
to people who in their professional practice will apply European
regulations governing the use of drones, their design,
construction, introduction to the market, etc. These may include
lawyers - persons providing legal assistance, judges, public
administration officials – but not only. The authors' intention,
which is reflected in the construction of individual chapters and
a broader presentation of practical issues, is that this book
should be useful for people using aircraft in their professional
activity - entrepreneurs providing services using them, involved
in design, construction, marketing, as well as the certification
process.
Spis treści
Abbreviations | p. 11
Legislation | p. 13
Introduction | p. 19
Chapter 1
Basic concepts | p. 25
1.1. Drones as a new technical and social phenomenon | p. 25
1.2. Safety and innovation | p. 26
1.3. Unmanned aircraft | p. 31
1.4. The concept of model aircraft in the EU legislation | p.
32
1.5. Operator | p. 33
1.6. Pilot | p. 34
Chapter 2
Basic Regulation | p. 36
2.1. Matters covered | p. 37
2.2. Main recitals of Regulation 2018/1139 | p. 41
2.3. Essential requirements for unmanned aircraft (Article 55) |
p. 44
2.4. Compliance of unmanned aircraft (Article 56) | p. 45
2.5. Articles 57 and 58 – non-legislative acts | p. 48
2.6. Essential requirements for unmanned aircraft (Annex IX) | p.
52
2.6.1. Essential requirements for the design, production,
maintenance and operation of unmanned aircraft | p. 52
2.6.2. Additional essential requirements: certification or
declaration of conformity | p. 58
2.6.3. Essential environmental requirements for unmanned aircraft
| p. 76
2.6.4. Essential requirements for registration of unmanned
aircraft and their operators and marking of unmanned aircraft |
p. 77
Chapter 3
Implementing Regulation | p. 79
3.1. Normative part | p. 80
3.1.1. Subject matter of the regulation (Article 1) | p. 80
3.1.2. Definitions (Article 2) | p. 81
3.1.3. Categories of UAS operations (Article 3) | p. 81
3.1.4. Open category of UAS operations (Article 4) | p. 82
3.1.5. Specific category of UAS operations (Article 5) | p.
84
3.1.6. Certified category of UAS operations (Article 6) | p.
86
3.1.7. Rules and procedures for the operation of UAS (Article 7)
| p. 90
3.1.8. Rules and procedures for the competency of unmanned
aircraft pilots (Article 8) | p. 94
3.1.9. Minimum age for unmanned aircraft pilots (Article 9) | p.
96
3.1.10. Rules and procedures for the airworthiness of UAS
(Article 10) | p. 99
3.1.11. Rules for conducting an operational risk assessment
(Article 11) | p. 100
3.1.12. Authorisation of specific category operations (Article
12) | p. 104
3.1.13. Cross-border operations or operations outside the state
of registration (Article 13) | p. 106
3.1.14. Registration of UAS operators and certified UAS (Article
14) | p. 109
3.1.15. Operating conditions for UAS geographical zones (Article
15) | p. 113
3.1.16. Operations with the use of UAS within model aircraft
clubs and associations (Article 16) | p. 116
3.1.17. Designation of the competent authority (Article 17) | p.
118
3.1.18. Tasks of the competent authority (Article 18) | p.
118
3.1.19. Safety information (Article 19) | p. 122
3.1.20. Specific provisions on the use of certain unmanned
aircraft systems in the open category (Article 20) | p. 123
3.1.21. Adaptation of authorisations, declarations and
certificates (Article 21) | p. 124
3.1.22. Transitional provisions (Article 22) | p. 125
3.1.23. Entry into force and application (Article 23) | p.
126
3.2. Annex. Operations with unmanned aircraft systems in the open
and specific categories | p. 127
3.2.1. Part A – Operations in the open category | p. 127
3.2.2. Part B – Operations in the specific category | p. 137
3.2.3. Part C – Light UAS Operator Certificate (LUC) | p. 150
3.3. Appendix 1: For standard scenarios supporting a declaration
| p. 159
3.3.1. Chapter I: STS-01 – VLOS over a controlled ground area in
a populated environment | p. 159
3.3.2. Chapter II: STS-02 – BVLOS with airspace observers over a
controlled ground area in a sparsely populated environment | p.
169
3.4. Appendices 2–5 | p. 173
Chapter 4
Delegated Regulation | p. 182
4.1. Definitions | p. 183
4.2. Open category, specific category under operational
declaration, accessories kit bearing a class identification label
and remote identification add-ons | p. 184
4.3. Procedures | p. 189
4.3.1. Internal production control as set out in Part 7 of the
Annex (Article 13(2)(a)) | p. 190
4.3.2. EU-type examination followed by conformity to type based
on internal production control as set out in Part 8 of the Annex
(Article 13(2)(b)) | p. 192
4.3.3. Conformity based on full quality assurance as set out in
Part 9 of the Annex (Article 13(2)(c)) | p. 198
4.4. EU declaration of conformity and CE marking | p. 201
4.5. Obligations of economic operators | p. 205
4.6. Certified and specific categories, with the exclusion of
operations under a declaration | p. 210
4.7. Parts 1–6, 16 and 17 of the Annex to Delegated Regulation |
p. 212
Chapter 5
Protection of personal data in the operation of unmanned
aircraft | p. 213
5.1. Introduction: Legal and technological conditions | p.
213
5.2. Right to privacy in relation to the use of drones | p.
221
5.2.1. Right to privacy | p. 221
5.2.2. System of guarantees for the right to privacy | p. 226
5.2.3. Risks to information privacy associated with the use of
drones | p. 228
5.3. Right to protection of personal data in relation to the use
of unmanned aircraft | p. 229
5.3.1. Right to protection of personal data | p. 229
5.3.2. Guarantees of personal data protection | p. 233
5.3.3. Scope of the GDPR | p. 238
5.4. Personal data, data processing and steps to be taken prior
to conducting drone operations in order for the processing to be
lawful | p. 241
5.4.1. Personal data | p. 241
5.4.2. Processing of personal data | p. 246
5.4.3. Prerequisites for the lawfulness of personal data
processing | p. 247
5.4.4. Accountability principle – principles governing the
processing of personal data | p. 252
5.4.5. Areas of personal data processing in the operation of
drones under the GDPR | p. 255
5.5. Subjective conditions under the GDPR: Drone operator as a
controller or a processor | p. 256
5.6. Obligations of drone operators with regard to the lawfulness
of processing | p. 265
5.7. Records of processing activities | p. 269
5.8. Obligations of drone operators with regard to the exercise
of the rights of data subjects | p. 271
5.9. Risk assessment with regard to the rights and freedoms of
natural persons | p. 275
5.10. Obligations of drone operators with regard to data
processing security | p. 277
5.11. Data protection impact assessment | p. 280
5.12. Personal data breaches and notification obligations | p.
282
5.13. Protection of personal data with regard to registration of
UAS operators | p. 286
5.14. Final remarks | p. 288
Summary | p. 291
Schemes | p. 293
References | p. 315
Kategoria: | Międzynarodowe |
Zabezpieczenie: |
Watermark
|
ISBN: | 978-83-8286-092-4 |
Rozmiar pliku: | 6,0 MB |