{"id":89334,"date":"2021-02-22T08:44:19","date_gmt":"2021-02-22T08:44:19","guid":{"rendered":"https:\/\/www.pbctoday.co.uk\/news\/?p=89334"},"modified":"2022-07-01T16:48:44","modified_gmt":"2022-07-01T15:48:44","slug":"the-future-built-environment","status":"publish","type":"post","link":"https:\/\/www.pbctoday.co.uk\/news\/digital-construction-news\/construction-technology-news\/the-future-built-environment\/89334\/","title":{"rendered":"The future built environment: The legal implications of drones"},"content":{"rendered":"

What will our future cities look like and what issues do we need to consider now? Navpreet Atwal, partner at law firm Bootle Hadfield<\/a>, looks at the legal implications of the increasing use of unmanned aircraft systems<\/h2>\n

The pandemic has been a particularly testing time but the one sector that has thrived in these difficult times is the technology sector. It is not just the Amazons and Telsas of this world but the nascent unmanned aircraft systems<\/a> (UAS) (or drones) which have been soaring.<\/p>\n

UAS have been in use for more than a decade but there are a number of restrictions both to manned and unmanned aircraft use. The construction sector has successfully navigated these restrictions to use drones to its advantage<\/a>. Aerial views and spatial awareness provide a range of benefits to construction projects and this is just the beginning for drone use in the built environment.<\/p>\n

In the last year, we saw drones used successfully in the medical delivery sector. Over time, this technology will develop to become an extension to existing public service infrastructure. It has the potential to transform the way we move and will redefine with way we interact with our built environment.<\/p>\n

As unmanned aircraft systems become more integrated into our lives, the complex aviation and operational rules will need to be balanced with other legal\/regulatory issues.<\/p>\n

Airspace battle<\/h3>\n

If we are envisaging a society where anyone can order a drone taxi or order a takeaway delivered by drone, there will be hundreds of aircrafts in the air. Adopting a safe method of controlling air traffic management will be key.<\/p>\n

Currently, air traffic is controlled through a control tower, who speak directly to pilots. This would not be feasible for UAS. Communication will need to be through the new concept of the Internet of Things<\/a> (IoT), which brings connectivity to virtually everything via device-to-device communication.<\/p>\n

The legislative framework governing unmanned aircraft systems and air traffic control will need to consider the different stakeholders involved. This includes not only manufacturers and operators of UAS but also other airspace users, such as recreational drone users. The Air Traffic Management & Unmanned Aircraft Bill<\/a> will go some way in modernise UK airspace and drone corridors will need to be developed to overcome the barrier of unrestricted airspace where drones and general aviation share the skies.<\/p>\n

Security and privacy<\/h3>\n

Privacy and security are a growing concern for today\u2019s society. These are self-evident when discussing the use of UAS, which have data-capture capability through video cameras, microphones and GPS.<\/p>\n

Use and storage of data is likely to be covered by existing data protection laws, especially where a commercial drone operator holds a permission for commercial operations allowing them to sell footage or images. The Information Commissioner\u2019s Office<\/a> (ICO) provides guidance on these issues but there remain gaps. How do we ensure protection against privacy breaches and other nefarious activities such as cybersecurity risks?<\/p>\n

The answer could be in blockchain-based IoT<\/a>. Data would be decentralised on the blockchain and secured through cryptography, preventing data from being altered. This ledger technology would enable encrypted secure communications and alleviate some concerns about security. We will see a greater partnership between aviation and mobile telecoms industry to support our future built environment.<\/p>\n

Liability issues<\/h3>\n

In 2019 in Switzerland, a drone delivering lab samples to a medical facility crashed in close proximity to a children\u2019s playpark. Thankfully, no one was injured but this highlights just one of the serious liability issues facing the UAS industry.<\/p>\n

The following aspects will be key liability considerations for unmanned aircraft systems stakeholders and insurers:<\/p>\n