A Study On Domestic UAVS Legislation For Privacy Protection

Privacy is the embodiment of human dignity and individual autonomy and an important content of the basic human rights principle of the constitution.The problem of privacy in the application of civil unmanned aerial vehicles(UAV)is the hot issue of privacy protection in recent years.Based on the particularity and seriousness of privacy security in the application of civil UAV,this paper investigates the legislative practice of privacy protection in Europe and America associated with UAV,and finally puts forward some suggestions on the protection of privacy in the context of civil UAV in China.This paper is divided into four parts.The first part discusses the particularity and value of privacy protection in the application of civil UAV.On the basis of clearly defining the concept and connotation of "unmanned aerial vehicles" "civil unmanned aerial vehicles" and "privacy",then this part puts forward the source of the right of privacy under civil UAV,and analyzes the particularity of the privacy infringement of the civil UAV with the traditional privacy theory and the application characteristics of civil UAV.The second part discusses the importance of privacy protection under civil UAV.According to the particularity of privacy infringement on civil UAV,this part analyzes the types of privacy and the forms of privacy infringement in the application of civil UAV:the types of privacy security comprise visual photography and non-visual surveillance and data protection associated with UAV;the forms of privacy infringement include the invasion of privacy,stalking,the collection of housing property information and the infringement of business privacy.The third part introduces the legislative practice of privacy protection in the United States and the European Union,and investigates the adequacy of current privacy protection in the application of civil UAV.In the United States,in light of Supreme Court jurisprudence,four cases involving aircraft and privacy protection in FAA civil UAV management were selected.In the EU,the European Commission has reviewed the adequacy of privacy legislation in the application of civil UAV and the various initiatives of the EU and EU member states in promoting privacy protection in the application of civil UAV.The fourth part reflects the privacy security issues in China,gets a positive answer about modify the privacy protection regulatory frameworks and promote some suggestions of privacy protection associated with civil UAV:clears legal status of civil UAV;upgrades privacy regulatory frameworks from the constitution,civil law,criminal law and aviation law associated with civil UAV capabilities and applications;establishes civil UAV privacy policy and industry self-discipline rules.