Working PaperPDF Available

A MULTILEVEL LEGAL APPROACH TO THE EU AND SPANISH LEGAL FRAMEWORK FOR THE CIVIL USE OF DRONES: WAITING FOR GODOT?

Authors:
Electronic copy available at: https://ssrn.com/abstract=3014376
DroneLawChallenges
Working Paper 1
1
A MULTILEVEL LEGAL APPROACH TO THE EU AND SPANISH LEGAL
FRAMEWORK FOR THE CIVIL USE OF DRONES: WAITING FOR
GODOT?1.
Joaquín Sarrión Esteve
Ramón y Cajal Senior Research Fellow
Universidad Nacional de Educación a Distancia, UNED (Spain)
jsarrion@der.uned.es
Abstract: The legal framework for the use of drones poses great challenges, and it is
essential to develop a study that addresses the various levels of regulation that, at least
in the European Union, are affected by provisionality and contingency, as is the case of
EU Regulation 216/2008; and the same occurs on a domestic level in Spain with Law
18/2014 and the new bill project.
However, we need to establish adequate regulation of the civil use of drones and
embedded technology which is in constant development whilst ensuring legal
security for drone operations, and respect for any fundamental rights that may be
affected, across a multi-level legal perspective (EU, domestic).
Therefore, this work attempts to provide an analysis of the current European Union and
Spanish legislation from this perspective, with particular focus on the civil use of
drones.
Keywords: Drone laws, drone regulation, drone operations, Fundamental Rights.
Index:
I. INTRODUCTION
II. CIVIL USE OF DRONES.
III. LEGAL FRAMEWORK FOR THE CIVIL USE OF DRONES
1. European Union Legal Framework for the civil use of drones
2. Spanish Legal Framework for the civil use of drones
1 Acknowledgements.
This paper has been developed thanks to the Independent Thinking UNED Research project Actual
challenges for the regulation of the civil use of drones (DroneLawChallenges) 2017-2019 withing
the UNED Plan for the promotion of investigation, transference and internazionalitation (PPITIC).
The author also gratefully acknowledges support by the “Ramón y Cajal” (RYC) Fellowship
Programme 2015 (RYC-2015-188821), funded by the Spanish Ministry of Economy and
Competitiveness (MINECO) through the Research State Agency (EAI) and co-funded by the
European Social Fund.
An erlier version of this paper -in Spanish language- was presented at the Seminar of the Law
Faculty of the University of Valencia on May 26, 2016. It was published in Spanish language under
the title "El régimen jurídico de los drones. Una aproximación multinivel a la legislación europea y
española" in a special number of Revista de la Escuela Jacobea de Postgrado, no. 12, 2017,
pp. 103-122.
Electronic copy available at: https://ssrn.com/abstract=3014376
Working Paper
2
IV. CONCLUSIONS
V. REFERENCES
I. INTRODUCTION
One of the first problems we encounter when we approach the study of drones is
terminology. In fact, very often different terms are used in multiple news articles and
reports, communications and texts terms that are not always synonymous. This is the
case, for example, with the term "drones", which is borrowed from English, or
acronyms of names that are also English, such as UAV (Unmanned Aerial Vehicle), UA
(Unmanned Aircraft), UAS (Unmanned Aerial System), RPA (Remotely Piloted
Aircraft) or RPAS (Remotely Piloted Aircraft System).
It is certainly essential to make some precisions. When we speak of drones, we mean a
UAV or UA, which is an unmanned aerial device or vehicle; while RPA refers to a
particular type of drone, UAV or UA, which, in addition to being an aircraft or
unmanned aerial vehicle, is also characterised by its ability to be piloted remotely.
Finally, the acronyms UAS and RPAS identify the complete system, including the
control system of the drones or UAVs, and of the RPAs, respectively.
Figure 1. Explanatory drawing of the terms in relation to the drone categories, UAV or
UA, and RPA (Source: own elaboration).
Working Paper
3
Taking into account the popular use of the term "drone" it seems much more appropriate
to assume it for academic terminology than the term UAV.
Firstly, we believe that it is important to specify that drones can be controlled remotely
(RPA) and may also include an automatic flight program. In other words, all RPAs are
drones, but not all drones are RPAs. It should be noted that while European Union (EU)
regulation is very general in its reference to drones, as we shall see, domestic regulation,
and in particular the Spanish regulation is also quite general but only in relation to the
military field, in contrast to the civil field where it exclusively specifically regulates
unmanned aircraft subject to remote control, i.e., the RPAs.
II. CIVIL USE OF DRONES.
As we have said, the drone is one of the current technological devices with the greatest
prospects for use2. And although its use is very widespread in the military field, it is in
the civil field where its applications, with a broad range of use, present the greatest
challenges.
In this sense, we can assume that the civilian use of drones or, what amounts to the
same, the use of civilian drones or civildrons3, will include for example, without being
an exhaustive list, surveillance and security, journalism (what has been called
dronalism4), photography, product distribution, civil engineering (including applications
for air quality control, cartographic applications, applications for prospecting and the
exploitation of mineral resources, hydrological, agriculture, control of works and impact
assessments, heritage management, safety and rescue, agricultural uses, firefighting,
etc.5), and even sports6.
2 We will not address the history of its origin and evolution to the present due to a lack of time and space
for it in this work.
3 Although it seems that terminologically is more correct when referring to the civilian use of drones, it is
true that there is a tendency in the literature to start talking about civil drone, i.e., civildron to emphasis
reference to the drones used in the civil field. See, for example, the success of the annual Civildron
Congress, http://www.civildron.com/index.html, from 2015, or the references in various communication
media (http://www.eldiario.es/turing/Prohibido-uso-drones-civiles-Espana_0_247776107.html), blogs
(http://www.dronair.es/primer-centro-de-drones-civiles-de-europa) (17.04.2017), and even scientific
articles, such as in PAUNER CHULVI, C., "El uso emergente de drones civiles en España. Estatuto
jurídico e impacto en Derecho a la Protección de Datos" (The emergent use of civilian drones in Spain.
Legal status and impact on the right to data protection), Revista de Derecho Político, No. 95, 2016, pp.
83-116.
4 GOLDBERG has proved to be a great advocate of the use of drones in journalism, understanding that
the drone really works as a technological device similar to a camera, since in the end it would be just a
“flying monkey”. See GOLDBERG, D., "David Goldberg: Dronalism in the Year of the Drone",
Information Law & Policy Centre at IASLS blog, 17 February 2016,
https://infolawcentre.blogs.sas.ac.uk/2016/02/17/david-goldberg-dronalism-in-the-year-of-the-drone/
(17.04.2017)
5 In this regard, see the wide range of applications in civil engineering across the various chapters of
VV.AA, Los drones y sus aplicaciones a la ingeniería civil (Drones and their applications to civil
engineering), Fenercom, Madrid, 2015.
Working Paper
4
This has meant that, in general, drones have been the subject of growing attention and
are often the subject of discussion at conferences, congresses, as well as in training
programs, particularly in countries as Spain. Because, as recently highlighted by the
Director of the Spanish State Air Safety Agency (EASA), Spain already has 1249
operators and 2241 registered drones7.
Today, regulations around the use of drones certainly pose major challenges, and from
various perspectives, not only in the very regulation of their use (airworthiness,
identification-registration, requirements for piloting and licenses, safety, safety
conditions), but also in relation to the affectation of fundamental rights (in particular
those of privacy, image, and data protection), the responsibility for any damages that
may be caused, taxation implications, etc., therefore becoming a phenomenon that is
deserving of multidisciplinary attention that we have not yet been able to meet,
although we will attempt to address some of these issues.
III. LEGAL FRAMEWORK FOR THE CIVIL USE OF DRONES
In a preliminary approach, we have to consider the existence of regulations at different
levels, following FREIXES SANJUAN8 and GÓMEZ SÁNCHEZ9, highlighting on the
one hand, the level of the European Union and on the other, the [domestic] level of the
6 CAZORLA, L., "Apuntes sobre el régimen jurídico-deportivo de las carreras de drones" (“Notes on the
legal-sporting regime of drone races”), http://luiscazorla.com/2016/03/apuntes-sobre-el-regimen-juridico-
deportivo-de-las-carreras-de-drones/ (17.04.2017)
7 Statements by the Director of the State Air Safety Agency (EASA) at the inauguration of the first
edition of the Drone Industry Summit Madrid,
http://www.seguridadaerea.gob.es/lang_castellano/noticias_revista/noticias/drone_industry_summit.aspx
(23.05.2016)
8 FREIXES SAN JUAN, T., "Constitucionalismo multinivel e integración europea" en
Constitucionalismo Multinivel y relaciones entre Parlamentos: Parlamento europeo, Parlamentos
nacionales, Parlamentos regionales con competencias legislativas” ("Multilevel constitutionalism and
European integration" in Multilevel Constitutionalism and relations between parliaments: European
Parliament, national parliaments, regional parliaments with legislative powers), CEPC, Madrid, 2011,
pp. 37-50.
9 GÓMEZ SÁNCHEZ, Y., Constitucionalismo multinivel. Derechos fundamentales (Multilevel
constitutionalism. Fundamental rights), 2nd edition, Sanz and Torres, Madrid, 2014. Like most of the legal
institutions of a State integrated in the European Union, a good part of the regulation can be found at
different levels, which requires applying a multilevel approach taking into consideration not only
domestic regulations but also external regulations, in particular those derived from EU law. This allows
us to better understand the legal complexity of "systems integrated by subsystems".
This means that, from the perspective of the protection of fundamental rights that may be affected by
operations using drones, it is necessary to take into account in the respective scope of application,
essentially Art. 8 of the European Convention on Human Rights, Arts. 7 and 8 of the Charter of
Fundamental Rights of the European Union, and Art. 18.1 and 4 of the Spanish Constitution, in addition
to development legislation at the level of the European Union and at the state level. See Arts. 51.1 and 53
of the Charter of Fundamental Rights of the European Union, as well as the sentences of the CJEU
(Grand Chamber) of 26 February 2013, Stefano Melloni, C-399/11, EU:C:2013:107; and of 26 February,
Åklagaren v. Åkerberg Fransson, C-617/10, EU: C: 2013:105.
Working Paper
5
Member States some of which have already approved or are developing regulations
in this area10, although we will focus on a study of the regulations in Spain.
In addition to considering the possible existence of specific regulations for drones, we
also cannot ignore the applicability in their use of the norms that regulate the
fundamental rights that may be affected by their very use, as well as other possible
regulations that could affect their use in line with the type of activity undertaken by the
drone, and it would be necessary to do so across the different levels.
1. European Union Legal Framework for the civil use of drones
Initially, it is first necessary to take into account the existence of specific regulations at
an EU level, where we find Regulation (EC) No 216/2008 of the European Parliament
and of the Council of 20 February 2008, on common rules in the field of civil aviation
and establishing a European Aviation Safety Agency, repealing Council Directive
91/670/CEE, Regulation (EC) No. 1592/2002 and Directive 2004/36/CE (hereinafter
Regulation 216/2008)11, which, in regards to aircrafts, includes the regulation of
drones.
Within its application scope, the regulation includes the design, production,
maintenance and operation of aeronautical products, components and equipment, as
well as personnel and organizations involved in both the design, production and
maintenance of aeronautical products, components and equipment, such as the operation
of an aircraft (Article 1.1 Regulation 216/2008).
However, the scope of this regulation excludes products, components, equipment,
personnel and organizations involved in "military, customs, police or similar
operations", although it establishes that Member States must ensure that such operations
are compatible with the objectives of the regulation (Article 1.2 Regulation 216/2008)
"to the extent possible"; so not only drones for military use, but also drones for civilian
use in security and police operations are excluded in this regulation, with such drones
and drone operations being required to comply with national regulations.
On one hand, it is also important to emphasize that Art. 4 specifies the applicability of
the regulation, leaving aside those aircrafts listed in Annex II, highlighting
unmanned aircraft (i.e., drones) with an operational mass not exceeding 150 kg
10 The European Parliament's Resolution of 29 October 2015 cites Austria, Croatia, Denmark, France,
Germany, Italy, Poland, the United Kingdom and the Czech Republic. European Parliament resolution of
29 October 2015 on the safe use of remotely piloted aircraft systems (RPAS), commonly known as UAVs,
in the field of civil aviation (2014 / 2243 (INI)), available at:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+TA+P8-TA-2015-
0390+0+DOC+PDF+V0//ES (27.09.2016)
11 Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and establishing a European Aviation Safety Agency and
repealing the Council Regulation 91/670/ EEC, Regulation (EC) 1592/2002 and Directive 2004/36/EC.
OJ L 79, 19.3.2008.
Working Paper
6
that is, whose weight is lower or equal to 150 kg (Article 4.4 and Annex II i)12
Regulation 216/2008). On the other hand, drones (both remote controlled and
automated) with a mass greater than 150 kg are included13.
There is a possible question of interpretation that we pose here: by explicitly
introducing drones with an operating mass of not more than 150 kg as a category,
should all other categories in Annex II applied to drones whose operational mass
exceeds 150kgs, such as, for instance: specifically designed or modified aircrafts for
research or for scientific experimentation purposes, and which may be produced in a
very limited number (Art. 4.4 and Annex II b) 216/2008); aircraft that have been
constructed in their majority, 51%, by an amateur or non-profit amateur association for
their own purposes and without any commercial purpose (Art. 4.4 and Annex II c)
Regulation 216/2008), or any aircraft that has been in the service of the military forces,
unless these are of a type for which the Agency has adopted a design standard (Art. 4.4
and Annex II d) Regulation 216/2008)14. We consider the answer affirmative, because
as drones are indeed an aircraft, there is no need to use a strict interpretation of the
exclusions, and drones with a mass greater than 150 kg should therefore be excluded
from the scope of Regulation 216/2008 if the requirements outlined above are met, i. e.,
they will be under national regulation.
The following aircrafts are included within the applicability scope of the regulation
pursuant to Art. 4.1 thereof:
- aircrafts designed or manufactured by an organization whose safety is overseen by the
Agency or a Member State (Art. 4.1 a) of Regulation (EC) No 216/2008)
- aircrafts, personnel and aircraft operations that are registered in a Member State
unless their regulatory safety supervision has been delegated to a third country and are
not used by a Community operator (Art. 4.1. b), and Art. 4.2 and 4.3 Regulation
216/2008); or are registered in a third country, are used by an operator who is
supervised by a Member State or is used by an operator established or residing in the
Community on routes into, out of, or within the Community (Art. 4.1. c), and Art. 4.2
and 4.3 of Regulation 216/2008); or are registered in a third country or in a Member
State which has delegated its regulatory safety oversight to a third country and is used
by a third country operator on routes into or out of the territory (Art. 4.1. d), and Art.
4.2 and 4.3 of Regulation 216/2008).
The norms provided for in Regulation 216/2008 govern, in a detailed manner, the
airworthiness (airworthiness certificate, Art. 5 (Regulation 216/2008), environmental
protection requirements (Art. 6 Regulation 216/2008), requirements to be met by pilots
12 In relation to Letter i of Annex II to Regulation 216/2008, it should be noted a correction of errors
which modifies it, and where "unmanned aircraft" is replaced by "pilotless aircraft.
13 Certainly, the size of drones with take-off mass above 150 kg is so remarkable that we find it difficult
to imagine them, at least for civilian use, except for activities such as firefighting etc.
14 We could also include other cases for exclusion even if they are yet to occur, and which could be
applicable to drones when they reach the category of historic aircraft, meeting the requirement of
participation in a notable historical event, or a major development in aviation, or an important function in
the armed forces of a Member State (Article 4.4 Annex II a) ii Regulation 216/2008)
Working Paper
7
operating aircraft in the cases provided for in Art. 4.1. b and c (Art. 7 and Annex III
Regulation 216/2008), as well as the air operations outlined in these cases (Art. 8
Regulation 216/2008), and regulates the creation of the European Aviation Safety
Agency (Art. 17-70 Regulation 216/2008), although we will not carry out an analysis of
this here.
It should also be taken into account that a future reform of European regulation is likely
in order to establish a precise common framework for drone operations, at least in the
civil field, taking into account both the Riga Declaration on Remotely Piloted Air
Systems: Framing the future of aviation, of 6 March 201515, and the proposal by the
European Aviation Safety Agency (EASA) to establish common rules for drone
operation in Europe from last September, 201516, as well as the recent Resolution of the
European Parliament of 29 October 2015 on the safe use of remotely piloted aircraft
systems (RPAS), commonly known as UAVs, in the field of civil aviation
(2014/2243(INI)) that followed (hereinafter, REP of 20 October 2015)17.
However, while Regulation 216/2008 refers to aircraft and drones within this group in a
general way, it also therefore does so for unmanned aircraft regardless of whether they
are remotely controlled or not (automated aircraft that include a flight program),
whereas the REP of October 20, 2015 refers specifically to RPAs, that is, to remotely
controlled drones, in this way differentiating between two different categories according
to their nature, which should then be subject to different requirements within the EU
regulatory framework: those for professional use and those for recreational use.
In addition, the REP of 20 October 2015 is clear in its anticipation of the need to
"develop a clear, harmonized and proportionate European and global regulatory
framework", removing the 150 kg threshold, and "replacing it with a regulatory
framework for the EU that is coherent and comprehensive", on the basis "of a risk
assessment that avoids the imposition of disproportionate regulations for companies,
which are likely to undermine investment and innovation in the RPAs sector, while at
the same time providing appropriate protection for citizens and helping to create
sustainable and innovative jobs" (paragraphs 20 and 21).
With regard to the fundamental rights that may be affected by the use of drones, it is
essential to consider that when we are within the scope of application of EU law, drone
operations must respect and guarantee the regulations for the protection of rights at a
European level, in particular the Charter of Fundamental Rights of the European
15 Riga Declaration on Remotely Piloted Air Systems: Framing the future of aviation, 6 March 2015,
available at: http://ec.europa.eu/transport/modes/air/news/doc/2015-03-06-drones/2015-03-06-riga-
declaration-drones.pdf (17.04.2017)
16 EASA. European Aviation Safety Agency, Proposal to establish common rules for the operation of
drones, September 2015, available at: https://www.easa.europa.eu/download/ANPA-
translations/205933_EASA_Summary%20of%20the%20ANPA_ES.pdf (27.09.2016)
17 Resolution of the European Parliament of 29 October 2015 (...) cit.
Working Paper
8
Union18, whose Arts. 7 and 8 guarantee the right to respect private and family life, and
the right to the protection of personal data, respectively, as well as the implementing
legislation, in particular Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data19, as well as the new
regulations on data protection: the new Data Protection Regulation (which came into
force on May 25, 2016 and will be applicable as of May 25, 2018, Art. 99)20, and
Directive 2016/680 of the European Parliament and of the Council of 27 April 2016 on
the protection of individuals with regard to the processing of personal data by the
competent authorities for the purpose of the prevention, investigation, detection or
prosecution of criminal offenses or the execution of criminal sanctions, and to the free
movement of such data, repealing Council Framework Decision 2008/977/JHA (which
entered into force on 5 May 2016, on the day following its publication but giving
Member States until 6 May 2018 for its incorporation into their national legislation,
Arts. 63 and 64)21.
2. Spanish Legal Framework for the civil use of drones
As Regulation 216/2008 excludes the regulation of some of the uses of drones from its
scope, it leaves Member States with the regulation of:
a) The use of drones in the military field (Art. 1.2. Regulation 216/2008), or
drones which have been used in the service of military forces, unless they
are of a type for which the Agency has adopted a standard design
(Art.4.4 and Annex II d) Regulation 216/2008), which we will not study
here.
b) The civilian use of drones for customs, police or similar operations (Art.
1.2 Regulation 216/2008); drones designed or modified for research, for
purposes of scientific experimentation that can be produced in a very
limited number (Art. 4.4 and Annex II b) 216/2008); drones whose
majority, at least 51%, is built by an amateur or a non-profit amateur
18 Without prejudice that these rights must also be guaranteed in accordance with Art. 8 of the European
Convention on Human Rights, which recognizes the right to respect for private and family life and at the
EU level constitutes a minimum standard of protection
19 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the
protection of individuals with regard to the processing of personal data and on the free movement of such
data, OJ 23.11.95
20 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on the free movement of such
data (General Data Protection Regulation ) OJEU 4.5.2016, available at: http://eur-lex.europa.eu/legal-
content/ES/TXT/PDF/?uri=CELEX:32016R0679&from=ES (27/09/2016]
21 Directive 2016/680 of the European Parliament and of the Council, of 27 April 2016, on the
protection of individuals with regard to the processing of personal data by competent authorities for the
purposes of prevention, investigation, detection or prosecution of criminal offenses or the execution of
criminal sanctions, and to the free movement of such data and repealing Council Framework Decision
2008/977 /JHA, OJEU 4.5.2016.
Working Paper
9
association, for their own purposes and without any commercial purpose
(Art. 4.4. and Annex II c) Regulation 216/2008), and, in general, drones
with an operational mass not exceeding 150 kg (Art. 4.4 and Annex II i)
Regulation 216/2008).
At a domestic level in Spain, the regulation of civil use according to Art. 149.1.20 of the
Spanish Constitution (EC) establishes that the State has exclusive powers to regulate the
"airspace, transit and air transport control, (...) and registration of aircraft", and therefore
the regulation of drones as unmanned aircraft; although as we will see, there may be
regional and local regulations that affect the civilian use of drones, not only because
certain activities and operations with drones are excluded from the application scope of
the Air Navigation Law, but also because drones are going to affect sectors governed by
regional or local powers.
We consider non-military operations as included within the "civilian use" of drones, and
therefore we include here customs, police and similar operations, although these have
a special nature, since we are talking about the use of drones by forces and security
bodies, as well as the use of drones for commercial or professional purposes,
recreational and sporting use, and domestic use.
Logically, the possibility of domestic regulation is determined by European regulation,
to the extent that we do not have a new harmonized regulation, which, as previously
mentioned, is expected in the near future and would limit the possibilities of regulations
at a domestic level within the civil field.
A present, Member States retain the ability to regulate the use of drones in customs,
police and similar operations (Art. 1.2 Regulation 216/2008); drones designed or
modified for research for purposes of scientific experimentation that can be produced in
a very limited number (Art. 4.4 and Annex II b) 216/2008); drones built in their
majority, at least 51%, by an amateur or a non-profit amateur association, for their own
purposes and without any commercial purpose (Art. 4.4 and Annex II c) Regulation
216/2008), and in general, drones with an operational mass not exceeding 150 kg (Art.
4.4 and Annex II i)22 Regulation 216/2008)
Provisional or transitional regulations. In Spain, we now have "transitional"
legislative provisions adopted at an accelerated rate23 and incorporated first into RD-
22 In regard to Section i of Annex II of Regulation 216/2008, there is a correction that modifies it,
replacing "unmanned aircraft" with "pilotless aircraft". Corrigendum to Regulation (EC) No 216/2008 of
the European Parliament and of the Council of 20 February 2008, on common rules in the field of civil
aviation and establishing a European Aviation Safety Agency, and repealing Council Directive
91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (DOUE L 79 of 19 March 2008)
23 The regulation was urgently incorporated due to the need to regulate a sector that was very necessary
in order to not lose competitiveness, as well as to ensure that the activities were undertaken under safe
conditions and under the control of the State Air Safety Agency. In this regard see both the Explanatory
Memorandum of the regulation and the analysis of GUERRERO LEBRÓN, M. J., CUERNO REJADO,
Working Paper
10
Law 8/201424 which later became Law 18/2014, of October 15, on the approval of
urgent measures for growth, competitiveness and efficiency (hereinafter Law 18/2014)25
which regulates the "operation of civil aircraft piloted by remote control" in Arts. 50
and 51.
A temporary regulation that conditions its application until the entry into force of a
regulatory rule set forth in its second final provision, Section 2 (Art. 50.1 Law 18/2014),
which is the future Royal Decree regulating the civil use of aircraft piloted by remote
control, amending Royal Decree 552/2014 of 27 June, which develops air regulations
and common operational provisions for air navigation services and procedures,
amending Royal Decree 57/2002 of January 18, approving the Air Circulation
Regulation, which is currently being processed and has not yet entered into force26.
Together with Law 18/2014, it is necessary to take into consideration the Resolution of
the Director of the State Agency of Aviation Safety, adopting acceptable means of
compliance and guidance material for the application of Article 50 of Royal Decree-
Law 8/2014, of July 427.
C., MÁRQUEZ LOBILLO, P., "Aeronaves no tripuladas: Estado de la legislación para realizar su
integración en el espacio aéreo no segregado" ("Unmanned Aircraft: Status of legislation for their
integration into non-segregated airspace”), Revista de Derecho del Transporte, No. 12, 2014, pp 63-106;
and FRANCO GARCÍA, M. A., "El régimen jurídico de las aeronaves civiles pilotadas por control
remoto: análisis del Decreto Real-Ley8/2014, de 4 de Julio (“The legal regime for civil aircrafts piloted
by remote control: analysis of Royal Decree-Law 8/2014, of 4 July”) Diario La Ley, No. 8370, Section
Doctrine, 4 September 2014, 4971/2014, p. 1
24 Royal Decree-Law 8/2014 of 4 July, approving urgent measures for growth, competitiveness and
efficiency (BOE No. 163, 5.7.2014)
25 Royal Decree-Law 8/2014 of 4 July, approving urgent measures for growth, competitiveness and
efficiency (BOE No. 252, 17.10.2014).
26 The first draft of this Royal Decree was initially submitted to public information by Resolution of the
General Directorate of Civil Aviation of the Ministry of Public Works and Transport (BOE No. 256,
October 22, 2014), available at:
http://www.aeromapas.es/sites/default/files/1365_2014_10_22_52_30%281%29.pdf [27.09.2016]. The
Report of the Analysis of the Normative Impact can also be accessed at:
http://servicios.mpr.es/seacyp/search_def_asp.aspx?crypt=xh%8A%8Aw%98%85d%A2%B0%8DNs%9
0%8C%8An%87%A2%7F%8B%99tq%82sl%A3%92 (27.09.2016). This RD project was subsequently
submitted to an observation period at EU level from 5 February to 10 May 2016, available at
http://ec.europa.eu/growth/tools-
databases/tris/es/index.cfm/search/?trisaction=search.detail&year=2016&num=73&mLang=en&CFID=3
54368&CFTOKEN=d4654b6c5cea2bcf-855C8555-0C6C-3AA3-7E15C94530F821D9 (17.04.2017). And
finally was submitted to public information from 27 to 22 November 2016,:
https://www.fomento.gob.es/MFOM/LANG_CASTELLANO/ATENCION_CIUDADANO/PARTICIPA
CION_PUBLICA/IP_AERONAVESCONTROLREMOTO/ (17.04.2017), and is available at:
https://www.fomento.gob.es/NR/rdonlyres/63ECAE3A-B29E-45A7-A885-
D314153883EE/139826/RDRPAS27102016.pdf (17.04.2017)
27 Resolution of the Director of the State Agency for Aviation Safety, which adopts acceptable means of
compliance and guidance material for the application of Article 50 of Royal Decree-Law 8/2014, of July
4, available at:
http://www.seguridadaerea.gob.es/lang_castellano/cias_empresas/trabajos/rpas/material_guia/default.aspx
[Acceso27.09.2016]
Working Paper
11
Regulated activities and conditions. The preamble tells us that Law 18/2014 "deals
exclusively with the operation of remotely piloted civil aircraft weighing less than 150
kg and those of a higher weight intended for firefighting and search and rescue
activities, given that, in general, the remaining aircrafts would be subject to European
Union law"28; a statement which is not completely correct, since as we have seen, there
are other activities not subject to EU law.
In fact, if we compare it with future regulation, the latter is more extensive- since its
object is the definitive regulation of the RPAs "with a maximum take-off mass of less
than 150 kg and those of greater take-off mass which are intended for use in customs,
police, search and rescue, firefighting, coastguard or similar operations, given that the
remainder are subject to the European Union law"29.
If we examine it in detail, Art. 50 provides that, until the regulatory rule provided for in
the second final Provision, paragraph 2, comes into force "the operations of civil aircraft
piloted by remote control are subject to the provisions of this Article" (Art. 50.1 Law
18/2014), which implies an initial will to cover all operations with remotely piloted
drones (RPA) in the civil field, leaving operations with automated drones unregulated,
which must then be understood as prohibited as are also prohibited in the future, yet
to be approved, regulation in a very clear way, based on safety reasons.
Furthermore, the activities contemplated in these provisional regulations are of two
types: technical or scientific works (Art. 50.3 Law 18/2014), and special flights (Art.
50. 4 Law 18/2014), so that flights not included would not be covered, and in this sense
it does not allow flights which are intended for the carriage of goods, which on the other
hand, is also clearly excluded from the new regulation, as the explanatory memorandum
clearly states that it "does not contemplate the possibility of authorization of other
operations (...) notably transport (...) which are deferred to a subsequent regulatory
development, since, as of today, there are currently no objective safety conditions for
their authorization.
In any case, Law 18/2014 will differentiate the operating conditions according to the
type of activity to be undertaken, and furthermore, the purpose of Art. 50.2, which
requires RPAs to report "the name of the operating company and the data necessary to
contact it", could be seen as being to exclusively regulate professional or commercial
Although it was expected to enter into force in 2016, it was finally delayed until the first quarter of 2017,
and is still awaiting for the Council of Ministers’ decision to try it. However, it should be noted that since
we are also waiting for a new European regulation, it is possible that the new future Spanish regulations is
in force only for a short time. In this work, we have chosen to give an account of the legislation currently
in force, even if we make references to the future regulation, as we have preferred not to dedicate
ourselves exclusively to this future legislation in case it is just a new waiting for Godot.
28 Considering V, Paragraph 6 of the Preamble of Law 18/2014.
29 Paragraph 7 of the future Royal Decree regulating the civil use of remotely piloted aircraft, and
amending Royal Decree 552/2014 of 27 June, cit.
Working Paper
12
activities30, although we have seen that the preamble of the law specifies that its purpose
is, in general, to regulate those RPAs whose mass does not exceed 150 kg as well as the
use of RPAs for firefighting, and search and rescue operations that are included in the
technical or scientific works (Article 50.3 c), Law 18/2014).
Therefore, we can consider that drones with a sporting or recreational purpose are
excluded from its regulatory scope and are also excluded from the Air Navigation Law
(Article 150.2), which are subject to specific regulation31. Although it is true that, as
has already been pointed out, in the draft bill, RPA for recreational purposes are
regulated under the "radio controlled model" heading, but not for sporting purposes32.
We must also assume that the use of drones by the Forces and Security bodies is
excluded from regulation, a type of use that should be regulated in the specific
regulations. However, we notice that no regulation has been introduced in this regard.
Some authors have considered the Organic Law 4/1997, of August 433 as being
applicable to drones, which regulates the use of camcorders by the Forces and Security
bodies in public places, assimilating drones to the use of mobile camcorders, and this is
the view manifested by ELORDI VILLENA34; although we consider a specific
regulation essential given the potential implicit in this new technology, which far
exceeds those of a mobile camcorder, an issue that future regulation seems to address,
since it does include these operations in its regulation, as we have mentioned before.
Everything is logical, if we also consider that the very Art. 50 Law 18/2014 in its
paragraph 9 specifies that in accordance to regulations, "the legal regime for the
operation of civil aircraft piloted by remote control shall be established, in cases other
than those contemplated in this law."
RPA requirements. This provisional Law requires that all RPAs for civilian use have
an "identification plate" fixed to their structure with the "identification of the aircraft"
and the name of the operating company, along with any data necessary to make contact
30 FRANCO GARCÍA, M.A.; "El régimen jurídico de las aeronaves civiles (...)” (The legal regime of
civil aircraft) cit.
31 At the state level, Royal Decree 1919/2009, of 11 December, regulating aeronautical safety of civil
aviation demonstrations (BOE No. 16, January 19, 2010) and the Regulations of the Royal Spanish
Aviation Federation; at a regional level, the norms approved by the Autonomous Communities as well as
the norms approved by the Regional Aeronautical Sports Federations; and at local level, whatever rules
the corresponding municipal ordinances may have established.
32 PAUNER CHULVI, C.; "El uso emergente de drones civiles en España (...),” (The emergent use of
civilian drones in Spain) cit. pp. 92-93.
33 Oganic Law 4/1997, of August 4, regulating the use of camcorders by the security forces in public
places, BOE No. 186 5.8.1997
34 ELORDI VILLENA, M., "El uso de vehículos aéreos no tripulados (drones) en las labores de
seguridad y vigilancia de la Administración" (The use of unmanned aerial vehicles (drones) in the
security and surveillance work of the Administration), Law Congress TICs -SIRCAM 2014: Innovation,
technology and advanced management of administrative information. Legal Implications of the Paradigm
Shift, 23-24 October, 2014, p. 5, available at:
http://www.sicarm.es/servlet/integra.servlets.Multimedias?METHOD=VERMULTIMEDIA_6213&nomb
re=Mar_Elordi.pdf (17.04.2017)
Working Paper
13
with, and this must be all clearly legible, visible with the naked eye, and indelible",
although it differentiates with respect to other requirements taking into account the size
of the RPA, since those with a maximum take-off mass exceeding 25 kg must be
entered on the registry of aircraft registration and have an "airworthiness certificate",
while the RPAs with a take-off mass of 25 kg or less are exempt from having to comply
with these requirements (Article 50.2 Law 18/2014).
Requirements for Pilots. For their part, pilots must demonstrate at least one of the
following requirements: a) to hold a pilot's license, including that of ultralight aircraft
license (or having had it in the last five years) and not having been dispossessed of it by
any sanctioning procedure, or b) provide reliable proof that they have the theoretical
knowledge necessary to obtain any pilot license, including that of ultralight aircraft
pilot; or (c) requirements are more flexible for RPA whose mass does not exceed 25 kg;
a basic certificate for RPA is sufficient when flying within the pilot's visual range or an
advanced certificate when it is intended to fly beyond the pilot's visual range (Art. 50.5
Law 18/2014).
In addition, other requirements and conditions are established in case of not having a
pilot's license, such as being over 18 years of age, a medical certificate, as well as a
documentation proving that they have the appropriate knowledge of the aircraft and its
systems, as well as piloting knowledge, issued by the operator, which cannot be self-
authorised by the manufacturer or by an organization authorized by the operator (Art.
50.5 d) Law 18/2014).
Requirements to carry out the activity with an RPA. The other requirements affect
the actual performance of the activity, and differ according to the type of operations to
be performed with the RPA, and its weight, differentiating:
1) RPA for technical and scientific work, including those for firefighting, search and
rescue activities.
Art. 50. 3 Law 18/2014 provides that these RPAs be only allowed to operate "during the
daytime and in good visibility meteorological conditions, with a series of requirements
depending on their size:
a) RPA with take-off mass of less than 2 kg, in areas outside agglomerations of
buildings in cities, towns or inhabited places or in open air meetings, in uncontrolled
airspace beyond the pilot's visual range, within the range of the radio emission of the
control station and at a maximum terrain clearance altitude not exceeding 400 feet /120
meters.
It is necessary for the operator to request an issuance of NOTAM by the aeronautical
information services provider to inform about the operation to the rest of the users of
the airspace of the area in which it is to take place (article 50.3 a), Law 18 / 2014)35.
35 These NOTAMs aim to guarantee safety and correspond to ENAIRE, which is the only provider of
aeronautical information services in Spain. An explanatory Guide to the procedure and the application
Working Paper
14
b) RPAs whose take-off mass does not exceed 25 kg, in areas outside clusters of
buildings in cities, towns or inhabited places or in open air meetings, in uncontrolled air
space within the visual range of the pilot, at a distance from the pilot no greater than
500 m and at a height above the ground no greater than 400 ft./120 m. (Art. 50.3 b) Law
18/2014).
c) RPAs with take-off mass exceeding 25 kg or with mass of 150 kg or more, which are
intended for firefighting or search and rescue activities under the conditions and
limitations set out in their airworthiness certificate issued by the State Air Safety
Agency, and in uncontrolled airspace.
It is worth noting here how the RPAs for rescue or firefighting activities are subject to
the requirements of operating “during the daytime and in good visibility meteorological
conditions", because despite the difficulties, technology may enable the use of RPAs in
certain cases of necessity.
2) Special operations.
Art. 50.4 of Law 18/2014 includes the possibility of performing certain flights such as
production and maintenance test flights, demonstration flights not open to the public,
flights for research programs, development flights, R&D flights, and safety test flights
with an RPA, provided that certain requirements are met, given that operations must
take place "during the daytime and in good visibility meteorological conditions, in
uncontrolled airspace, within the visual range of the pilot, or otherwise in an area of air
space segregated to the effect and always in areas outside of any clusters of buildings in
cities, towns or inhabited places or meetings of people in the open air.
Regulations regarding Prior notification or authorization. With regard to the
starting of the activities, Law 18/2014 establishes a prior notification regulation for
RPAs weighing less than 25 kg, and authorization for RPAs with a mass over 25 kg
(Sections 50.6.7 and 8 Law 18/2014 ).
The previous communication must be made at least five days before the start of the
activity, to the State Agency of Aviation Safety (AESA), and in both cases include the
identification data of the operator, aircraft, and pilots, as well as their conditions; the
description of the RPA’s characteristics; the type of technical or scientific work to be
carried out, or the flights, and the characteristics of the operation; the conditions or
limitations that will be applied to the operation or flight to ensure safety. Moreover, this
should be accompanied by a declaration of responsibility, and, if applicable, by other
additional documentation (Art. 50.6 and 7 Law 18/2014).
form can be accessed at the following link: http://www.enaire.es/csee/Satellite/navegacion-
aerea/es/Page/1237571561545/NOTAM-drones.html (27.09.2016)
Working Paper
15
Both the prior communication and the authorization of the scientific or technical works
provided for in Art. 50.3 qualifies for the exercise of the activity for an indefinite
period, while for special operations, it qualifies only the flight, which is always subject
to compliance with the requirements and as long as they are maintained (Art. 50.8 Law
18/2014).
Air Navigation Law. In addition, Law 18/2014 includes some modifications to Law
48/1960, of July 21, on Air Navigation (hereinafter Air Navigation Law) for its
adaptation to the RPA (Art. 51 Law 18/2014); including the inclusion of an RPA under
the concept of aircraft (Art. 11 Air Navigation Law)36, and subjecting civil RPAs to its
regulation, "whatever its intended purpose except for those used exclusively for
recreational or sporting purposes (Art. 150.2 Air Navigation Law), which, with the
exception of drones used for tourist and sporting activities, will require prior
notification or authorization from the State Air Safety Agency, in order to maintain
safety in aeronautical and third-party operations, in cases where the environment or
circumstances in which these activities take place involve special risks, and these RPAs
will be subject to an inspection (Article 150.2 Air Navigation Law).
Compliance with other regulations and protection of fundamental rights. The law
itself states that "it does not exempt the operator, who is, in any case, responsible for the
aircraft and the operation, from compliance with all other applicable regulations, in
particular with respect to the use of radio spectrum, data protection or aerial imaging, or
from their liability for damages caused by the operation or aircraft" (Art. 50.1, second
paragraph, Law 18/2014).
Firstly, it should be noted that the RPA system may require use of the radio spectrum, to
establish communication between the device and the control station or system, and then
the communications legislation37 would have to be applied, currently
Telecommunications General Law 9/2014, of May 9; as well as Law 8/2011, of 28
April, which establishes measures for the protection of critical infrastructures38 if there
is a possibility it can affect critical infrastructures (health, water, food, energy, space,
nuclear power plants, etc.), following ALVEAR TRENOR39 in this regard.
Art. 50.1 of Law 18/2014 also states that there is no exemption from the application of
the legislation on liability for damages caused by the RPA operations or the RPA
itself40.
36 "Any machine piloted by remote control that can be supported in the atmosphere by reactions of the
air that are not the reactions of air against the surface of the earth" (Article 11b) Law of Air Navigation).
37 See the analysis in this regard by ALVEAR TRENOR, I. DE, "Algunos retos del Derecho en relación
con la regulación de la operación civil y militar de drones y RPAS" (Some legal challenges related to the
regulation of the civil and military operation of drones and RPAS), in Retos del Derecho ante las nuevas
amenazas, Dykinson, 2015, p. 134
38 Law 8/2011, of April 28, which establishes measures for the protection of critical infrastructures, BOE
No. 102, 29.4.2011.
39 ALVEAR TRENOR, I. DE, "Algunos retos (...)” (Some legal challenges...), p. 135, cit.
40 This implies the application, for national RPAs, of the precepts on this subject provided for in the Air
Navigation Law, since the RPAs are an “aircraft", and, in the case of foreign RPAs, if applicable, as
provided for in the Rome Convention of October 7, 1952, on damage caused on surface (to) third parties
Working Paper
16
In addition, depending on the type of operation to be undertaken, we will have to take
into consideration the specific regulations that are applicable. For example, for
operations that involve aerial photography both the Presidential Executive Order of
March 14, 1957, on Aerial Photography, and the Order of the General Directorate of
Civil Aviation of 1987 on Aerial Photography; the Order of December 20, 1966, of the
Presidency of the Government, on the regulation of Commercial Propaganda for
operations that incorporate or whose purpose is commercial propaganda, as understood
in this case by RAMÍREZ CIRIZA41; these are only a few examples, because it will
depend on the type of operation to be carried out with the RPAS or drones.
It should also be taken into account that, though this is not expected, it would be
advisable to introduce specific regulations for the taxation of drones42.
Protection of Fundamental Rights. Although we have left this to the end, we are
really together with security before of the greatest challenge to the use of drones
today, not only domestically, but also at an EU level, which we have already referenced
above.
Domestically, although Art. 50.1 of Act 18/2014 outlines the regulation on data
protection and aerial imaging, it is also true that the use of drones must guarantee any
fundamental rights that may be affected, and this necessarily implies respect for the
right to honour, personal and family privacy, and self-image (Article 18.1 SC) as well as
the right to the protection of personal data (Article 18.4 SC). Of course, it should not be
forgotten that they must be object to interpretation according to Art. 10.2 of the Spanish
Constitution in accordance with "the Universal Declaration of Human Rights and
by foreign aircraft. In this regard, see ALVEAR TRENOR I. DE, "Algunos retos (...)" cit. p. 134, and
GUERRERO LEBRÓN, M. J., CUERNO REJADO, C., MÁRQUEZ LOBILLO, P., "Aeronaves no
tripuladas (...)", cit. pp. 87 and ff.
41 RAMÍREZ CIRIZA J. M., "Aspectos reglamentarios", en VV.AA.; Los drones y sus aplicaciones a
la ingeniería civil, Fenercom, Madrid, 2015, p. 46.
42 In this sense, from a tax perspective, we should not forget the fiscal implications of the use of drones,
which also require a normative development according to their legal regime. We can consider two
specific cases as examples. On the one hand, under the current regulation of the Special Tax on Certain
Means of Transport (commonly known as "Registration Tax"), aircraft weighing less than 1,550 kg are
not subject to taxation. It is obvious that, with this wording, the drones for commercial purposes that the
industry is currently looking at would be exclude from taxation, a matter that should be quickly revised to
accommodate the reality of the economic capacity of the purchasers of these aircrafts used for
commercial purposes. Likewise, within Sections IAE 741.2 and 742.2 (Domestic air transport of goods,
regular and non-scheduled, respectively), the criteria used for the taxation of aircraft should be adapted to
the reality of the drones, since their poor transport capacities would exclude them practically from
taxation despite their great economic potential. Again, the need to align economic capacity with effective
taxation appears here, and not to do so in time would mean that this disparity of regimes (because of not
having been adapted properly) could become a source of inequality between taxpayers and even distort
competition in the transport sector (a contribution and suggestion that I owe to Prof. José Miguel Martín
Rodríguez, Prof. of Financial and Tax Law of the Pablo de Olavide University, suggestion made in the
framework of the exchange of ideas within the Emerging Research Group "Challenges in civil use of
drones", which I led, see https://dronelawcenter.wordpress.com/
Working Paper
17
international treaties and agreements on the same matters ratified by Spain", which
necessarily includes among others the European Convention on Human Rights
(Article 8) and The Charter of Fundamental Rights of the European Union (Articles 7
and 8).
We should also take into account the regulations governing the protection of these
rights, Organic Law 1/1982, of civil protection of the right to honour, to personal and
family privacy and to self-image43, the Organic Law on Personal Data Protection
(LOPD)44 and its Development Regulation45; and with respect to the security forces and
bodies, Organic Law 4/1997 as mentioned above, at least until the approval of the future
Regulation, which does include provisions regarding the use of RPA by security forces
and bodies.
Although some legal analysis has already been carried out on some relevant issues that
have arisen for the protection of these fundamental rights in the use of drones or in the
face of such use at a domestic level46; it is no less true that much work remains to be
done, especially considering that the technologies that drones can match are very
diverse and are not limited to cameras for capturing images, although we have not been
able to complete this work here.
IV. CONCLUSIONS
The legal framework for the use of drones pose major challenges today, and this from
different perspectives, as this is a phenomenon that deserves multidisciplinary attention.
In addition, it is essential to address the study of the legal regime of drones, taking into
account the different levels of regulation that can be found in order to guarantee the
legal security of civil operations with drones whilst maintaining respect for fundamental
rights.
We are in a situation of provisionality in the regulation for several reasons; firstly, the
existing regulation at a European Union level (Regulation 216/2008) does not cover the
entire scope of drones in the EU, but only when referring to drones weighing over 150
kg, also excluding some types of use, such as military or police use. However, a future
European regulation of harmonization is expected to regulate the civilian use of drones,
and those drones with a weight equal to, or less than, 150 kg.
At a domestic level, and looking at the Spanish case, we have differentiated between the
regulation for the military and civilian use of drones, focusing on the latter to analyse
43 Organic Law 1/1982 of 5 May, on civil protection of the right to honour, personal and family privacy
and self-image, BOE No. 115 14.05.1982.
44 Organic Law 15/1999, of December 13, on the Protection of Personal Data, BOE No. 298 14.12.1999
45 Royal Decree 1720/2007 of 21 December, which approves the Regulation implementing Organic
Law 15/1999, of 13 December, on the protection of personal data, BOE No. 17, 19.01.2008.
46 See Report 12/2014 in relation to the query raised by a university about the exercise of ARCO rights
in the use of "drones", of the Catalan Data Protection Authority, available at:
http://www.apd.cat/media/dictamen/ca_643.pdf (27.09.2016); as well as the work by PAUNER CHULVI,
C., "El uso emergente (…)" (“The emergent use (...)”), cit.
Working Paper
18
the current Law 18/2014, which is transitional and pending a future regulation to be
approved. The current law only regulates the civil use of RPAs (remotely piloted
drones) excluding automated drones. And although it has was initially established to
cover all operations using remotely piloted drones (RPAs) in the civil area weighing
less than or equal to 150 kg, as well as activities excluded from the European regulation,
we have seen that this has not been achieved. However, the future regulation seems to
be seeking more comprehensive regulation, although it consciously excludes transport
activities, which will necessarily merit regulation in the future.
Law 18/2014 regulates in detail the requirements for the RPA as well as for the pilots,
and the conditions to carry out the activities it regulates. However, it cannot be
overlooked that there are many more regulations applicable.
In this sense it is very important to take into account the need to ensure respect for any
fundamental rights that may be affected by the use of drones (privacy, image, data
protection), and this depending on the level (EU, domestic), and there is a possibility
that the impact may vary and it likely will as the technology these aircraft can
incorporate progresses and as such it will be necessary to analyse these as any advances
are incorporated.
Nonetheless, we live in a provisional situation -we are waiting for a new more
harmonized EU regulation and the new Spanish one- and if a man thought that these
regulations are to stay much longer, he would tell himself that "We are no longer alone,
waiting for the night, waiting for Godot".
V. REFERENCES
ALVEAR TRENOR, I. DE, "Algunos retos del Derecho en relación con la regulación
de la operación civil y militar de drones y RPAS" (Some legal challenges related to
the regulation of the civil and military operation of drones and RPAS), en Retos del
Derecho ante las nuevas amenazas, Dykinson, 2015, pp. 125-136.
CAZORLA, L., "Apuntes sobre el régimen jurídico-deportivo de las carreras de
drones", http://luiscazorla.com/2016/03/apuntes-sobre-el-regimen-juridico-
deportivo-de-las-carreras-de-drones/ (17.04.2017)
ELORDI VILLENA, M., "El uso de vehículos aéreos no tripulados (drones) en las
labores de seguridad y vigilancia de la Administración" (The use of unmanned aerial
vehicles (drones) in the security and surveillance work of the Administration), Congreso
Derecho TICs -SIRCAM 2014: Innovación, tecnología y gestión avanzada de la
información administrativa. Implicaciones jurídicas del cambio de paradigma (Law
Congress TICs -SIRCAM 2014: Innovation, technology and advanced management of
administrative information. Legal Implications of the Paradigm Shift), 23-24 October,
2014, available at:
Working Paper
19
http://www.sicarm.es/servlet/integra.servlets.Multimedias?METHOD=VERMULTIME
DIA_6213&nombre=Mar_Elordi.pdf (17.04.2017)
FRANCO GARCÍA, M. A., "El régimen jurídico de las aeronaves civiles pilotadas por
control remoto: análisis del Real Decreto-Ley 8/2014, de 4 de julio" (The legal regime
for civil aircrafts piloted by remote control: analysis of Royal Decree-Law 8/2014, of 4
July) Diario La Ley, No. 8370, Doctrine Sectiona, 4 September 2014, La Ley
4971/2014
FREIXES SAN JUAN, T., "Constitucionalismo multinivel e integración europea" en
Constitucionalismo Multinivel y relaciones entre Parlamentos: Parlamento europeo,
Parlamentos nacionales, Parlamentos regionales con competencias legislativas
("Multilevel constitutionalism and European integration" in Multilevel
Constitutionalism and relations between parliaments: European Parliament, national
parliaments, regional parliaments with legislative powers) CEPC, Madrid, 2011, pp. 37-
50
GOLDBERG, D., "David Goldberg: Dronalism in the Year of the Drone", Information
Law &Policy Centre at IASLS blog, 17 February 2016,
https://infolawcentre.blogs.sas.ac.uk/2016/02/17/david-goldberg-dronalism-in-the-year-
of-the-drone/ (17.04.2017)
GÓMEZ SÁNCHEZ, Y., Constitucionalismo multinivel. Derechos fundamentales,
(Multilevel constitutionalism. Fundamental rights), edición, Sanz y Torres, Madrid,
2014.
GUERRERO LEBRÓN, M. J., CUERNO REJADO, C., MÁRQUEZ LOBILLO, P.,
"Aeronaves no tripuladas: Estado de la legislación para realizar su integración en el
espacio aéreo no segregado" (Unmanned Aircraft: Status of legislation for their
integration into non-segregated airspace), Revista de Derecho del Transporte, No. 12,
2014, pp. 63-106
PAUNER CHULVI, C., "El uso emergente de drones civiles en España. Estatuto
jurídico e impacto en Derecho a la Protección de Datos" (The emergent use of civilian
drones in Spain. Legal status and impact on the right to data protection), Revista de
Derecho Político, No. 95, 2016, pp. 83-116.
RAMÍREZ CIRIZA J. M., "Aspectos reglamentarios", en VV.AA.; Los drones y sus
aplicaciones a la ingeniería civil, Fenercom, Madrid, 2015, pp. 33-47.
VV.AA., Los drones y sus aplicaciones a la ingeniería civil (Drones and their
applications to civil engineering), Fenercom, Madrid, 2015.
ResearchGate has not been able to resolve any citations for this publication.
Article
Full-text available
Resumen Los drones son una tecnología de moda y su uso civil ha comenzado a popularizarse en todo el mundo. España fue uno de los países pioneros en Europa en aprobar una legislación técnica sobre la materia con el objetivo de garantizar un alto nivel de seguridad. Ahora el foco de atención se centra en los retos que estas aeronaves pilotadas por control remoto plantean para la protección de datos y la intimidad. A la luz de las condiciones impuestas en la normativa española sobre protección de datos, nuestro estudio analiza las problemáticas que genera la explotación civil de los drones y presenta diversas propuestas doctrinales e institucionales para resolverlas. Abstract Drones are a growth industry and their civilian uses are becoming popular all around the world. Spain was one of the first European countries to pass a technical regulation on RPAS with the aim of assuring a high security standard. Nowadays, attention is paid on the challenges that these technologies pose on privacy and data protection. In the light of the conditions imposed by the Spanish legislation on data protection, this paper analyses the concerns posed by the explotation of civil drones and and looks at the major doctrinal and institutional attempts to address them.
Algunos retos del Derecho en relación con la regulación de la operación civil y militar de drones y RPAS" (Some legal challenges related to the regulation of the civil and military operation of drones and RPAS)
  • I Alvear Trenor
  • De
See the analysis in this regard by ALVEAR TRENOR, I. DE, "Algunos retos del Derecho en relación con la regulación de la operación civil y militar de drones y RPAS" (Some legal challenges related to the regulation of the civil and military operation of drones and RPAS), in Retos del Derecho ante las nuevas amenazas, Dykinson, 2015, p. 134
Algunos retos del Derecho en relación con la regulación de la operación civil y militar de drones y RPAS" (Some legal challenges related to the regulation of the civil and military operation of drones and RPAS), en Retos del Derecho ante las nuevas amenazas
  • V References Alvear Trenor
  • I De
V. REFERENCES ALVEAR TRENOR, I. DE, "Algunos retos del Derecho en relación con la regulación de la operación civil y militar de drones y RPAS" (Some legal challenges related to the regulation of the civil and military operation of drones and RPAS), en Retos del Derecho ante las nuevas amenazas, Dykinson, 2015, pp. 125-136.
El régimen jurídico de las aeronaves civiles pilotadas por control remoto: análisis del Real Decreto-Ley 8/2014, de 4 de julio" (The legal regime for civil aircrafts piloted by remote control: analysis of Royal Decree-Law 8
  • M A Franco García
FRANCO GARCÍA, M. A., "El régimen jurídico de las aeronaves civiles pilotadas por control remoto: análisis del Real Decreto-Ley 8/2014, de 4 de julio" (The legal regime for civil aircrafts piloted by remote control: analysis of Royal Decree-Law 8/2014, of 4
Constitucionalismo multinivel Derechos fundamentales, (Multilevel constitutionalism. Fundamental rights), 2ª edición
  • Gómez Sánchez
GÓMEZ SÁNCHEZ, Y., Constitucionalismo multinivel. Derechos fundamentales, (Multilevel constitutionalism. Fundamental rights), 2ª edición, Sanz y Torres, Madrid, 2014.
Aeronaves no tripuladas: Estado de la legislación para realizar su integración en el espacio aéreo no segregado" (Unmanned Aircraft: Status of legislation for their integration into non-segregated airspace)
  • M J Guerrero Lebrón
  • C Cuerno Rejado
  • Márquez
  • P Lobillo
GUERRERO LEBRÓN, M. J., CUERNO REJADO, C., MÁRQUEZ LOBILLO, P., "Aeronaves no tripuladas: Estado de la legislación para realizar su integración en el espacio aéreo no segregado" (Unmanned Aircraft: Status of legislation for their integration into non-segregated airspace), Revista de Derecho del Transporte, No. 12, 2014, pp. 63-106
Los drones y sus aplicaciones a la ingeniería civil
  • J M Ramírez
RAMÍREZ CIRIZA J. M., "Aspectos reglamentarios", en VV.AA.; Los drones y sus aplicaciones a la ingeniería civil, Fenercom, Madrid, 2015, p. 46.
Multilevel constitutionalism and European integration" in Multilevel Constitutionalism and relations between parliaments: European Parliament, national parliaments, regional parliaments with legislative powers) CEPC, Madrid
  • Juan Freixes San
FREIXES SAN JUAN, T., "Constitucionalismo multinivel e integración europea" en Constitucionalismo Multinivel y relaciones entre Parlamentos: Parlamento europeo, Parlamentos nacionales, Parlamentos regionales con competencias legislativas ("Multilevel constitutionalism and European integration" in Multilevel Constitutionalism and relations between parliaments: European Parliament, national parliaments, regional parliaments with legislative powers) CEPC, Madrid, 2011, pp. 37-50
Dronalism in the Year of the Drone
  • D Goldberg
  • David Goldberg
GOLDBERG, D., "David Goldberg: Dronalism in the Year of the Drone", Information Law &Policy Centre at IASLS blog, 17 February 2016, https://infolawcentre.blogs.sas.ac.uk/2016/02/17/david-goldberg-dronalism-in-the-yearof-the-drone/ (17.04.2017)
Los drones y sus aplicaciones a la ingeniería civil (Drones and their applications to civil engineering
  • Aa Vv
VV.AA., Los drones y sus aplicaciones a la ingeniería civil (Drones and their applications to civil engineering), Fenercom, Madrid, 2015.