Have you ever wondered if data privacy laws apply to Outer Space? Usually, we think the laws apply horizontally. That is, between people, companies, and across country borders. But, SpaceTech disrupts how organisations typically collect, process, and transfer data. The consequence is that we have to consider if the laws apply vertically–to Outer Space.
In this post, we look at what SpaceTech is and how it could interfere with our data privacy rights. Then, we explain the difference between Airspace, Near Space, and Outer Space. Next, we review whether data-protection laws apply to Outer Space. Finally, we end off with some prescient thoughts and list the actions you can take.
What is SpaceTech?
SpaceTech refers to technologies created by space scientists and companies for use in Outer Space. We can also connect SpaceTech to the internet. When we do so, it becomes part of an Internet of Things network. Below, we describe and illustrate the most prominent SpaceTech.
How could SpaceTech interfere with your data privacy rights?
SpaceTech creates a constellation of problems for your data protection rights.
- Satellites. Satellites produce high-resolution images of the Earth. These images may include pictures of you in your private spaces. Further, it’s nearly impossible for you to determine who’s sending your data to satellites and who’s receiving your data from them.
- Space cloud computing. Â These services include data storage, networking, servers, and software. How would you request access to your data if a company houses it in Outer Space? Could you transfer your data from a space cloud to an Earth cloud? Or, what about from one space cloud to another? Who owns the space cloud? What happens if it gets hacked?
- Space internet. How would your personal information be protected on the space internet? Examples include your IP address, geolocation, and device fingerprints. Also, would search engines be subject to data protection rules in Outer Space?
- Space drones. Space drones can capture your data by taking images of you, recording your voice, and tracking your geolocation. What about your privacy rights?
- Space AI. SpaceTech organisations may combine space AI with satellite data and cloud computing for increased efficiency. However, what happens when the AI processes your personal information? Will your right not be subjected to automated decision making extend to Outer Space?
- GPS. Your smartphones routinely make use of GPS technology. It tracks your movement patterns and the location of your personal property. How is your geolocation data protected?
We think you’d agree that we must know if our data privacy rights protect us in Outer Space.
Thinking vertically – Airspace, Near Space, and Outer Space
We need to distinguish between Airspace, Near Space, and Outer Space before we can consider whether data-protection laws apply to Outer Space. Why? Because writers generally agree that Airspace and Near Space form part of a state’s sovereign territory. If a company uses SpaceTech within the territory of a state, then that state’s data protection laws may apply. Alternatively, if an organisation uses SpaceTech in Outer Space, it would be unclear which laws apply, because Outer Space belongs to all of humanity.
So, where does Airspace, Near Space, and Outer Space end and begin? The fact is that no-one agrees on the answer. However, there is some guidance. The Fédération Aéronautique Internationale (FAI) has defined the point at which the Airspace above a country ends and where Outer Space begins. This boundary is called the Karman line. For decades, the FAI has set the Karman line at 100 kilometres above the Earth’s surface.
But not all countries and organisations adhere to this measurement. For example, the US and NASA treat the boundary as 80 km above the Earth’s surface. Further, some writers argue that there’s a scientific space between Airspace and Outer Space. They call this space, “Near Space” and locate it between 20 and 80 km above the Earth’s surface. Because most aircraft can’t fly in this space, they believe we should distinguish Near Space from Airspace and Outer Space.
Based on these estimates of the start of Outer Space, it would be reasonable to suggest that Outer Space starts at 80 km above the Earth’s surface. Also, we can deduce that Airspace would be between 0 to 20 km above the Earth’s surface. The diagram below illustrates the measurements.
What’s also essential to consider is the scope of territorial waters where countries have a coastline. The reason is that countries own their territorial waters and so their laws would apply. The current international rule is that a country owns 12 nautical miles from its coastline.
Data protection laws
Not all countries have data protection laws. Where they don’t, SpaceTech investors would find them attractive to develop and use SpaceTech. If there are no laws, the organisations wouldn’t be subject to the constraints of data protection laws. Also, depending on the nature of an organisation, it may not have to comply with these laws anyway. For example, the European Space Agency is not subject to the GDPR.
However, there are several states with data protection laws in one form or another. We can’t discuss all of the states, their data protection laws, and how the laws relate to Space Tech and Outer Space. Instead, to provide a global perspective, we consider data protection laws from each of the four corners of the Earth. Specifically, we only focus on the question of whether organisations within these states can process and transfer personal information or data to Outer Space.
End thoughts
In their current state, data-protection laws don’t sufficiently address the privacy concerns of data subjects within Outer Space. Further, even if the courts of a specific nation or union were to interpret data protection laws to apply to Outer Space, this interpretation would apply in the relevant jurisdiction only. Thus, we recommend that the various countries put their heads together to develop an international standard for data protection in Outer Space. If not, then the uncertainty will prevail, and SpaceTech organisations could abuse the legal gaps.
Actions you can take
- Comply with data protection laws whilst developing or using SpaceTech by asking for our advice or by joining our data protection programme.
- Obtain legal certainty by asking us to provide you with a legal opinion on one of the legal issues of SpaceTech.
- Check that your privacy policy is in line with the latest laws by asking us to review your privacy policy.
- Manage information security when using SpaceTech by asking us to provide you with a bespoke security policy.
- Prepare for incidents effectively when using SpaceTech by asking us to provide you with an incident response policy.