Earth Observation Satellites and the Right to Privacy: Towards A Regulatory Framework for Satellite-Derived Personal Data in India

Abstract

The increase in the number of Earth Observation satellites has significantly transformed the technology of remote sensing from being a state monopolised tool to commercially available technology, capable of real time surveillance of individual, property and territory. The principles by United Nation in respect to the remote sensing of the earth from outer space 1986 has been the fundamental principle for the governance of EO activities. These principles were formulated decades before the emergence of artificial intelligence, big-data analytics, and commercial satellite imagery markets. Consequently, these guidelines remain ineffective on matters of data privacy or the classification of satellite-derived information as personal data. The present article examines the India’s Digital Personal Data Protection Act, 2023, along with other space policies which is capable of addressing the present issue of privacy and surveillance.
Using a doctrinal and comparative methodology, the present article showcases that neither the international law nor the national law of India addresses the issue of privacy arising from Earth Observation satellites. The legal framework fails to differentiate between the personal data and non-personal geospatial data. Additionally, it lacks in imposing obligations related to specific satellite base data collection and therefore leaving a significant gap in accountability and individual redress.