Research on the legal regulation ofcivilian UAVs’ infringement on citizens’ right to privacy
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D923.1

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    Abstract:

    As an important representative of artificial intelligence products, the widespread application of civilian UAVs not only increases the convenience of social life, but also brings unprecedented risks and challenges to the privacy and security of citizens. In this regard, it is necessary to combine the operating characteristics of civilian UAVs to summarize the legal characteristics of civilian UAVs’ infringing on citizens’ right to privacy, namely the duality of infringement subject, the concealment of infringement means and the short-time characteristic of infringement mode. On this basis, the current status of legal regulation of privacy violations of civilian UAVs in China are comprehensively sorted out. National and local laws and regulations have regulated the definitions of related terms such as drones, as well as driver review and registration, real-name registration management, drone airworthiness management, air traffic management, drone flight airspace, market access and other issues. However, there are still many loopholes in practical application, especially the lack of protection of citizens’ right to privacy. The specific problems mainly include the following three points. First, the legal rank is low, and the top-level design is insufficient. At this stage, there is only one Civil Aviation Law that can regulate drones in national-level laws, but there is no provision in this law that can be directly applied to UAVs. Second, there is department prevarication and the supervision system is unclear. Although the law clearly stipulates that the highest leading bodies for drone flight management are the State Council and the National Air Traffic Control Commission, the functions and powers and responsibilities of the two parties are still vague. Third, there are obvious legal vacuums for the protection of citizens’ right to privacy, drone control and drone airspace management, and the operability is poor in practice. Finally, on the basis of reasonable absorption of advanced legislation experience from outside the territory, and combined with China’s national conditions, the article proposes countermeasures to improve China’s relevant legal systems. First, raise the legal rank, improve the drone-specific legislation, and strengthen the protection of the right to privacy. Second, clarify the power and responsibility system at each stage of development, sales, use, maintenance, recycling and scrapping in the whole life cycle of drones, strictly implement regulatory responsibilities, and achieve normalized management of drones. Third, fill the legal vacuum, including improving the high-level legislation on drones and establishing the basic principles of privacy protection; clarifying the airspace where drones can fly, and using technical means to prevent illegal intrusions; combining the issue of drone infringement with the spirit of laws and regulations such as the Civil Code, the Criminal Law, and the Personal Information Protection Law, and clarifying the principles of attribution, exemptions, and civil, administrative, and criminal responsibilities for civil drone infringement, so as to build a systematic and comprehensive legal regulation system.

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宋丁博男.民用无人机侵犯公民隐私权的法律规制[J].重庆大学学报社会科学版,2022,28(4):194~202

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  • Received:
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  • Online: September 30,2022
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