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The use of drones in Chile and DAN 151: innovation regulations are necessary, but insufficient

Document Citado por Related
Vincent
AutorValentina Hernández
Páginas83-85

Page 83

See note 35

The use of drones is becoming more widespread. They are available to those who can buy them and are becoming a common sight at football matches, concerts and other events and mass gatherings of people. Depending on how they are used, these devices may violate some of our rights, regarding our lives, property and privacy. In Chile their use has just been regulated, but are these norms enough?

The International Civil Aviation Organization (OACI) recently estimated that by 2018 there could be an international law regulating the use of drones or unmanned aircraft. As this kind of technology is on the rise and poses a number of risks, The Directorate General of Civil Aviation of Chile (DGAC) wisely decided that it was necessary to draw up its own rules as soon as possible. Thus, on April 2nd, 2015, the irst law was presented, the aeronautics regulation (DAN) 151.

Page 84

As we said before, the use of remotely piloted aircraft could lead to serious damage of the fundamental rights of the population, especially those related to life, property and privacy. For the authorities, the most palpable threat is more linked to physical integrity and properties: some of these crafts can weigh several kilos and ly at high altitudes, so if they fall or crash, they could easily cause serious damage or even death.

However, there is another big risk. Since these devices can take pictures and videos of our more intimate spaces from the air, it is not hard to picture how their use could easily become invasive, especially with the dificulties of pursuing any legal responsibilities.

Regarding the protection of our rights to life, physical integrity and property, we have a series of measures within DAN 151 that are intended for our protection, such as the lexibility of the propellers, the existence of an emergency parachute, compulsory insurance payments and an afidavit of responsibility, among other things. Similarly, a list of restrictions listed for using a "drone", including the general prohibition of putting people’s lives at risk.

Furthermore, other requirements are considered, such as needing special permission to handle heavy drones, the registration of the craft, being certiied after receiving theoretical and practical instruction, and having to pass an exam.

In contrast, the regulation regarding the right to privacy is very meager. We were only able to ind a general prohibition, stipulating "to not violate the rights of people in...

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